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Intellectual Property Watch https://www.ip-watch.org Original news and analysis on international IP policy Tue, 29 Oct 2013 15:01:50 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.12 74186712 Inside Views: Happy Birthday To You, Copyrighted https://www.ip-watch.org/2013/07/04/happy-birthday-to-you-copyrighted/ https://www.ip-watch.org/2013/07/04/happy-birthday-to-you-copyrighted/#comments Thu, 04 Jul 2013 14:15:49 +0000 http://www.ip-watch.org/?p=30658 Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.]]> https://www.ip-watch.org/2013/07/04/happy-birthday-to-you-copyrighted/feed/ 1 30658