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To: WOBBLY BOB
One can make a very strained argument that restaurants using "Happy Birthday" constitutes profiting off of the song. But this kindergarten stuff is pure nonsense.

Moreover, "Happy Birthday" is a scam - the song was actually written in 1893 but it was copyrighted by someone who had nothing to do with its composition in 1935.

The actual authors never saw a penny for their song. From a moral (but not a legal) standpoint, the copyright holders of "Happy Birthday" are thieves.

6 posted on 12/29/2010 9:35:55 AM PST by wideawake
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To: wideawake

The music is mid 1800s, the original “good morning” lyrics are late 1800s, but the “happy birthday” lyrics are early 1900s. Even then, no copyright notice occurred for years. Technically, the song isn’t under copyright because back then you needed to have a copyright notice. Not only that, but the “good morning” lyrics are in the public domain, and there is a good legal doubt that simply substituting “happy birthday” constitutes a copyrightable derivative.


15 posted on 12/29/2010 10:01:22 AM PST by antiRepublicrat
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To: wideawake
I wonder if the lawyers hang out at restaurants to make sure they get their cut.

They could also look for Marlboro Light smokers who thought it was a ‘healthier alternative’.

17 posted on 12/29/2010 10:03:00 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: wideawake
Moreover, "Happy Birthday" is a scam - the song was actually written in 1893 but it was copyrighted by someone who had nothing to do with its composition in 1935.

It was copyrighted by Jessica Hill, sister of the songwriters, Patty and Mildred Hill. She enlisted a music publisher to help.

The actual authors never saw a penny for their song.

Half right. Mildred Hill died in 1916, and never received any royalties. Patty Hill did receive royalties, and since her death in 1946, the sisters' share -- about $1 million a year, according to the publisher a few years ago -- goes to the Hill Foundation.

19 posted on 12/29/2010 10:04:34 AM PST by ReignOfError
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To: wideawake

It’s like Emily Dickinson. Her stuff is still under copyright because it was published so long after her death.


46 posted on 12/30/2010 9:24:16 PM PST by Borges
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