You heard it sung many times while enjoying your sumptuous meal. Suddenly, there is a bad taste in your mouth when the clapping clings and tambourine clangs. Unless, of course, it is your natal day or someone in your table. Then you will sing along and even take pictures. Just hope I am not in the next table.
The hot news
in the world of copyright is the push for the elimination of the copyright protection
of the song “Happy Birthday”. While the lawsuit in the
U.S. Federal Court System is quite complicated to read, I will try to simplify it.
How long is copyright protection?
According to
Sec. 213 of the IP Code of the Philippines, any work that is copyrighted is
protected for 50 years after the death of the CREATOR. Seems long, eh? Well, if
you want to know the reason why the lawmakers made it that way, take my class.
When was Happy Birthday made?
According to
the complaint, the song was originally composed as “Good Morning to All” by the
school teacher sisters Patty and Mildred Smith BACK in the 19th
century. Eventually, Warner/Chappell got ownership of the rights to the song
and has been collecting royalties every year (pun intended).
How much does one have to pay?
If you have
a private birthday party (shame on you for not inviting me), you can sing it
all you want up until the neighbors start complaining. The law allows private performances within a
circle of family and friends. But if you want it in a movie or a television
show, expect to pay between $5,000 and $30,000. Warner collects about $2
Million per year from that song alone. Birthday parties are part of the
employee benefits package at Warner/Chappell (just kidding).
Expiration Date
Warner/Chappell
claims that the copyright to “Happy Birthday” will last until 2030. There is a
particular provision under US law that allows a 95 year protection of songs. If
you calculated correctly, that means that the song was “copyrighted” in 1935. Warner/Chappell
is claiming that the Smith sisters didn’t actually write the song. What Warner
claims as theirs is a piano arrangement of the tune (but not the lyrics)
copyrighted in 1935. Mildred Hill died in 1916 Patty Smith Hill died in 1946.
Under US law, any songs created ONLY after 1923 have that near century shield.
This is a dilemma that the US courts must address.
Conclusion
If this
lawsuit does get dismissed, we will soon have birthday song police roaming
around every Saturday and Sunday afternoon looking for evidence of cake, candles
and balloons. Well, not really. It is never going to happen. Warner/Chappell
will not after small things like that. I believe that law abiding movie and TV
producers are paying the former well enough so that there will be no Birthday
Police Academy Movies.
----------------
The
material in this online newsletter has been drafted and edited by Atty.
Roderick Vera and is for informational purposes only. The material above does
not constitute nor become legal advice. Please consult with an attorney for
legal advice before relying on any information found on this newsletter. For
any questions, inquiries or comments, please see the contact information above.
