Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Happy Birthday Copyright
Copyright law: Happy Birthday
Is Bobby Bandleader violating the copyright of Johnny Singstealer?
Legal concept(s)
According to copyright law, the owner of a copyright has the exclusive right to: "reproduce the work in copies; to prepare derivative works based upon the work; to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; to perform the work publicly; to display the copyrighted work publicly," and "in the case of sound recordings, to perform the work publicly by means of a digital audio transmission" (Copyright infringement, 2012, Copyright.gov).
Of course it is true that many people sing Happy Birthday every day and do not have to pay royalties as a result. But when they do so, they are singing for their own pleasure, not to receive monetary compensation. If I sing in the shower, I cannot be sued by the Beatles or the Rolling Stones for copyright infringement, but if I perform one of their works without attribution for a profit and do not honor their copyright, I can be sued. In the case of Bobby Bandleader, he is financially profiting off of the song. The fact that he is producing his own version of the song does not waive the original copy holder's right to profit from the text.
Analysis/Conclusion
Technically, according to the law, 'Happy Birthday' cannot be sung unless the venue is confined to a social setting of family acquaintances. However, the law is rarely enforced, even when 'Happy Birthday' is used in a commercial venue such as at restaurants when customers are publically assaulted with being sung the tune (Happy Birthday, we'll sue, 2007, Snopes). This is a fairly unusual case and the profits garnered from singing are fairly small. Also, even if Bandleader had not sung 'Happy Birthday' he still sings enough songs on his playlist to draw in customers, so his profits were not solely the result of 'Happy Birthday.' Given that the harm done to the copyright holder is insignificant, a relatively small fee could be arranged to honor Singstealer's copyright and to allow Bandleader to continue to play.
References
Copyright infringement. (2012). Copyright.gov. Retrieved:
http://www.copyright.gov/help/faq/faq-infringement.html
Happy Birthday, we'll sue. (2007). Snopes. Retrieved:
http://www.snopes.com/music/songs/birthday.asp
Raymond Carver When one is seeking a bright, cheerily optimistic view of the world one does not automatically turn to the works of Raymond Carver. The short story writer - whom many critics cite as being the greatest master of that form since Ernest Hemingway - filled his pages with anger and discontent, despair and loss, desperation and the demons of addiction. The overall tone of his work is certainly dark.
Then he checks the bank account and is amazed to find out that over $300,000 dollars has siphoned off to them in just a short time. He, Samir and Michael are panicked and sure they will be caught. Peter, reasserting his moral code, says he will take full responsibility, writes a note confessing the crime, and places it, along with travelers' checks paying back the total amount, under Lumbergh's
feminist implications of Maria Edgeworth's novel, Belinda. In many ways, Edgeworth's Belinda seems to flaunt the 19th century ideas about the proper behavior of women in society. Yet the novel also indicates and does little to challenge many the accepted roles of women in society. The relative success of Jane Austin's novels in comparison to Edgeworth's may be related to our modern conception of an English lady as cultured and
Louis Vuitton Marketing "Louis Vuitton in Japan" explores the history, heritage and phenomena that the LV brand is today and how it expanded globally to widen its reach to all consumers of luxury. Through strategic extension of its network throughout the world, Louis Vuitton built itself from one city in France to a vast system of inter-related, complex actors that serve the avid, fashion lover. Special emphasis is on the Japanese
132). Hence the Faerie Folk came to symbolize the De Danann's "earlier sensual and spiritual connection to life and nature that influenced the beliefs of the Druids" until Christianity showed up, Yeoman continues. This analogy dovetails with the confusion and game playing in Neverland, according to Yeoman's point-of-view. The author dips into the sexuality issues on page 133, asserting that the blending together of masculine and feminine attributes within Berrie's