3 ms·

So if the lawsuit succeeds, does that mean restaurants can serenade us with the actual "Happy Birthday To You" song? That might revolutionize birthday dinners.

nodata 12y ago
Are you kidding? A waiter can't sing you happy birthday?
- shiven 12y ago
  Only in the US of A. Copyright, like the patent system and the roads and bridges, is broken.
- blowski 12y ago
  > Does this mean that everyone who warbles "Happy Birthday to You" to family members at birthday parties is engaging in copyright infringement if they fail to obtain permission from or pay royalties to the song's publisher? No. Royalties are due, of course, for commercial uses of the song, such as playing or singing it for profit, using it in movies, television programs, and stage shows, or incorporating it into musical products such as watches and greeting cards; as well, royalties are due for public performance, defined by copyright law as performances which occur "at a place open to the public, or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." So, crooning "Happy Birthday to You" to family members and friends at home is fine, but performing a copyrighted work in a public setting such as a restaurant or a sports arena technically requires a license from ASCAP or the Harry Fox Agency (although such infringements are rarely prosecuted). [formatting is mine] http://www.snopes.com/music/songs/birthday.asp http://www.snopes.com/music/songs/birthday.asp
- acomjean 12y ago
  Nope, public performance of copyrighted material. Thats why chains have their own birthday songs. A small restaurant might sing happy birthday anyway.
icantthinkofone 12y ago
Restaurants still do that? Someone needs to bring a lawsuit.
rando289 12y ago
tldr: Yes. They can sing it now now, but copyright holders have 100 year to indefinite monopoly and can to charge any price for licenses. The system has been corrupted.

nodata 12y ago

Are you kidding? A waiter can't sing you happy birthday?

shiven 12y ago
Only in the US of A. Copyright, like the patent system and the roads and bridges, is broken.
blowski 12y ago
> Does this mean that everyone who warbles "Happy Birthday to You" to family members at birthday parties is engaging in copyright infringement if they fail to obtain permission from or pay royalties to the song's publisher? No. Royalties are due, of course, for commercial uses of the song, such as playing or singing it for profit, using it in movies, television programs, and stage shows, or incorporating it into musical products such as watches and greeting cards; as well, royalties are due for public performance, defined by copyright law as performances which occur "at a place open to the public, or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." So, crooning "Happy Birthday to You" to family members and friends at home is fine, but performing a copyrighted work in a public setting such as a restaurant or a sports arena technically requires a license from ASCAP or the Harry Fox Agency (although such infringements are rarely prosecuted). [formatting is mine] http://www.snopes.com/music/songs/birthday.asp http://www.snopes.com/music/songs/birthday.asp
acomjean 12y ago
Nope, public performance of copyrighted material. Thats why chains have their own birthday songs. A small restaurant might sing happy birthday anyway.

icantthinkofone 12y ago

Restaurants still do that? Someone needs to bring a lawsuit.

rando289 12y ago

tldr: Yes. They can sing it now now, but copyright holders have 100 year to indefinite monopoly and can to charge any price for licenses. The system has been corrupted.