I know we talk about royalty fees, but this from Free Music Archive is distressing...
Do you know you're not legally allowed to sing "Happy Birthday" in public?
It's the most recognizable song in the English language – a simple six notes and words – yet Time Warner will charge you $10,000 to legally sing the four verses in a public place.
The Free Music Archive is hosting a Birthday Song Contest seeking new classic earworms that can be sung in restaurants, bowling alleys, and even major motion pictures - free of charge.
Let's come up with one! License Free Low Power Broadcasters will be HEROES! We'll be in the lime light. Everyone will be abuzz about us and our stations. What a publicity stunt!
My first attempt at lyrics flopped right away...
I'M BORN AGAIN !!!!!
Of course "Born Free" is from a Hollywood film I think composed by John Barry....
Back to work.
Perhaps "Happy Conception Day" as that is happy in more ways than one!
Of course we'd need a new tune also.
You've got a hit, MRAM!
That is a song people will love to sing, especially after a drink at a gathering of family and friends.
Just one thing, try not to burst out in song too soon after the event.
Also, don't have a choir in the wings.
I highly at first suspected that to be an urban myth! But according to the Unhappy Birthday website it is indeed true, and ASCAP brings in an avaerage of $2 million in annual royalties for the song: http://unhappybirthday.com/
The one-page website also provides a rather witty example of a letter you can write to ASCAP to help put a stop to the blatant copyrite infringement of this song!
It's kind of cute.
And how is that expected to be enforced?
They gonna have listening spies and tiny microphones put into every nook and cranny to police this?
And why are so many so willing to go along with such a stupid concept to begin with which would allow them to do it in the first place?
Nanny panny is what all that is.
Amazing...the US population won't even stand up to something as pathetic as this!
Bunch of yellow bellies is what its turned out to be.
Home of the slaves. Only reason why it's there in the first place is because they were allowed to put it into place.
Next question...by whom...go look in the mirror.
RFB
I could be wrong, but I perceive that happybirthday.com is presenting a sarcastic parody in regard to the subject. I really doubt their website was created due to "..citizens who are outraged by rampant copyright infringement in today's society — particularly in relation to the song Happy Birthday."
On the other hand, if they are genuinely serious about it.. well, that's even funnier!
RFB, while I don't generally agree with your militant views towards almost everything, I do agree that this birthday song situation is ridiculous, outrageous, and any enforcement of it is borderline obscene.
Carl Blare told us:
"Born Free" is from a Hollywood film I think composed by John Barry...."
Carl, invert the melody to "Born Free" (where the notes go down, go up; where the notes go up, go down).
Voila! You just wrote the "Star Wars" theme.
;^)
"RFB, while I don't generally agree with your militant views towards almost everything, I do agree that this birthday song situation is ridiculous, outrageous, and any enforcement of it is borderline obscene."
Naa..not militant view...just very vocal about nonsense like this birthday song deal and on infringement of rights and sovereignty.
Example...removing the pledge of allegiance from public schools, or sending students home because he/she is wearing a shirt with the American flag on it..or the words God Bless America on it.
That sort of thing.
RFB
I'm ot sure if it's still true, but in recent times it was against the law in Mainland China for a sole individual to compose music. Under law, only people's committees could write music and it could only be in a major key.
I have a Chinese piano concerto, "The Yellow River Concerto", named for the major river in the country, and at first it is very beautiful, but after awhile the major tonality becomes very tiring, like too much candy. Music and all art depends on contrast for its ultimate power.
Now that the sermon is over, I think we have a situation where we could compose a new birthday song by committee, and since it would be short, a major key is appropriate.
I'll get it started. We will need the word "birthday", unless we can coin another word that means birthday.
Here's what we have so far....
"Birthday!"
Interesting thread.
First, in any new song, you can use the Happy Birthday melody - it's in the public domain. When Happy Birthday was written, the author (claimed to be Jessica Hill, in reality unknown) added lyrics to Good Morning To You, which IS in the public domain.
Second, the copyright issue only applies to the United States. In Canada, the song apparently passed into the public domain in 1985 (50 years after the supposed author's death).
However, after doing a bit of research myself, it appears that most legal experts in the U.S. feel that the original claim for copyright on Happy Birthday (subsequently extended several times) was dubious at best, as there is no evidence that the claimants actually had a hand in the writing of said lyrics.
The legal point is moot, however, as Warner Brothers (now the so-called owners of the copyright through acquisition) claim copyright, and challenging that claim in court would be very expensive. Apparently they receive over 2,000,000 dollars per year in royalty fees, mainly from movies that use the song.
Corporate greed run rampant over common sense.
We may find that wearing white gloves is a trade mark violation since Mickey Mouse wears white gloves.
Falling off the fiscal cliff is also a cartoon property.
Artisan, building upon what you said, I have been trying an idea, using the well known public domain melody you referenced, which is titled "Good Morning To All"....
And a one, and a two, and a.....
Birthday time to you now
Birthday time to you now
Birthday time for dear Shirley
Birthday time to you now
It's your birthday to spite
the damn copyrite
So happy birthday dear Shirley
with no infringements to cite
...
"Surely, you can't be serious?"
"I am serious -- and don't call me Shirley"
It's your birthday tonight,
and I hope it'd all right;
Had to change the words to this song
to avoid a legal fight.
