Editing 1581: Birthday
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"{{w|Happy Birthday to You}}" is one of the most commonly sung songs in the English language (and is common in many others). Because of its age, ubiquity and simplicity, it has long surprised people to learn that it was not in the public domain. {{w|Warner/Chappell Music}} claimed the copyright to the lyrics, and has demanded royalties for any recording, publication or public performance for commercial purposes. Total revenues for this song were estimated at US$2 million annually. | "{{w|Happy Birthday to You}}" is one of the most commonly sung songs in the English language (and is common in many others). Because of its age, ubiquity and simplicity, it has long surprised people to learn that it was not in the public domain. {{w|Warner/Chappell Music}} claimed the copyright to the lyrics, and has demanded royalties for any recording, publication or public performance for commercial purposes. Total revenues for this song were estimated at US$2 million annually. | ||
| β | This strip refers to a ruling, from the day before the release of this comic, by a federal judge in California ({{w|George H. King|George King}}), stating that the song is not covered by a valid copyright (see [http://www. | + | This strip refers to a ruling, from the day before the release of this comic, by a federal judge in California ({{w|George H. King|George King}}), stating that the song is not covered by a valid copyright (see [http://www.law360.com/articles/706173 Warner's 'Happy Birthday' Copyright Not Valid, Judge Rules]). This ruling resulted from a lawsuit filed by Good Morning To You Productions (singer {{w|Rupa Marya}} and filmmaker {{w|Robert D. Siegel|Robert Siegel}}) against Warner/Chappel Music to declare Warner/Chappel's copyright claim in the song invalid (filing at [http://www.scribd.com/doc/147645129/Happybirthday]). With this ruling, the court declared that Warner/Chappell does not have a copyright claim to the song, and therefore the song can now be sung or published by anyone, in any context, without having to pay royalties to Warner/Chappell. |
The ruling does not go so far as to declare the song to be in the public domain, leaving it more correctly defined as an {{w|orphan work}}. Randall seems to be celebrating the fact that this strip, which would have put him at risk for a lawsuit the day before, is now unlikely to be challenged since the odds of a new party appearing and successfully claiming copyright on the lyrics and subsequently demanding license fees is approximately zero. | The ruling does not go so far as to declare the song to be in the public domain, leaving it more correctly defined as an {{w|orphan work}}. Randall seems to be celebrating the fact that this strip, which would have put him at risk for a lawsuit the day before, is now unlikely to be challenged since the odds of a new party appearing and successfully claiming copyright on the lyrics and subsequently demanding license fees is approximately zero. | ||
