Happy Birthday is free!

A word from our sponsor:

Printer-friendly version

Author: 

Blog About: 

A federal judge in California has ruled that 'Happy Birthday to You' is in the public domain, so you no longer have to fear the wrath of Warner/Chappell Music. Rejoice and be merry!

http://abcnews.go.com/Business/ridiculous-examples-people-pa...

Comments

Sort of...

While it's now ruled out of copyright in the US (for the time being - depending on whether Warner-Chappell Music file an appeal) and it's already out of copyright in the UK (as it falls under the period when the Berne Convention was active - life + 50 years to year end), the EU will have to wait until 1st January 2017, as copyright there is life plus 70 years to year end, and the longest-surviving Hills sister died in 1946.


As the right side of the brain controls the left side of the body, then only left-handers are in their right mind!

Honestly, it should have

Honestly, it should have dropped into the public domain decades ago. The 'mickey mouse' copyright act, which is the one that did the 'life of the artist + 70 years', was only backdated 25 years. Which means 1951, I think, for implicit copyright.

This song was created in 1880. Everything _else_ published in 1880 has been in the public domain for decades :)

(Personally, I think that copyright needs to be pushed back to the original length. The purpose of copyright was for the creator to be paid for their work - not a corporation, nor their great great grandchildren - and then for the work to go into the public domain for the public good. That was fourteen years, at the time where it took 6 months for a book to go from one side of the country to the other, or across Europe. With current transportation and publishing, the 14 years of remuneration would probably be the equivalent of 3-5 years. Why have we, as a group, decided that performers don't need to perform to be paid? )


I'll get a life when it's proven and substantiated to be better than what I'm currently experiencing.

But the Berne Convention wasn

Brooke Erickson's picture

But the Berne Convention wasn't retroactive. So if the song's copyright expired *before* the Berne Convention took affect, it'd stay out of copyright.

Which is rather likely what happened given info in the articles.

Brooke brooke at shadowgard dot com
http://brooke.shadowgard.com/
Girls will be boys, and boys will be girls
It's a mixed up, muddled up, shook up world
"Lola", the Kinks

I'm sure Denny's is relieved

They actually sing it. Always wondered what kind of license they paid to allow their staff to 'serenade' the poor embarrassed birthyday person.