When we hum a tune to ourselves do we think about paying the owner of the song a fee for its performance? No! That’s ridiculous, but here’s a bit of good news for those who wish to remain on the right side of the law.
Every year it comes around either to annoy us or elate us. A familiar song that everyone thinks they can sing, it’s Happy Birthday to you. Guinness World Records has called Happy Birthday to You, the most famous song in the English language. We thought it was It’s a Small World, but that song got a nod as the most insidious ear worm ever. Parents have been trying to rid their brains of it since they de-barked from that little floating money pit in Disney World.
This simple ditty “Happy Birthday to You”, sung across celebratory tables for more than a century now, has been the traditional piece of music sung to millions of birthday celebrants every year, from uncomprehending infants to the un-hearing elderly. It has irritated the ears of everyone. Fun fact: an Italian teen with a musical background, after hearing it sung by his large atonal extended family, was able to get it wrenched from his brain with 3 years of psychological help.
The song has been performed in space; and incorporated into untold millions of music boxes, watches, musical greeting cards, and other tuneful products. It therefore surprises many to discover that this ubiquitous song, a six-note melody composed in the 19th century and accompanied by a six-word set of repetitive lyrics, is still protected by copyright and will be for years to come.
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 people outside of a normal circle of a family and its social acquaintances are gathered.” The 80-year legal battle is over, and children can now sing ‘Happy Birthday to You’ without fear of being sued by Warner/Chappell, the publishing arm of Warner Music, who claimed copyright. A California Federal judge ruled Warner Music can no longer charge for the performance of the song. Phew!! Lawyers??? Taking it a step further, you don’t need a disgruntled 3 year who felt he was slighted by not getting that overloaded with icing corner of the birthday cake, and calling his lawyer to knock at the door at the 4-year old’s birthday party with a writ of mandamus.
Thank goodness their teenager can still rent a ‘Barney’ suit for $19.95 and not worry about having a prison record.
A spokesman for the company said, “Look, if we can’t make money on the birthday song, we’ll purchase the rights to ‘Head and Shoulders, Knees and Toes.’ Millions of preschoolers sing that one all the time. For the seniors, we’ll copyright ‘Wallet, Glasses, Keys and Phone” and for medical professionals it would be “Drain my Bladder, Wheeze and Doze, Wheeze and Doze” It would be a hospital hit!
We’ll even go after ‘Ring Around the Rosie.’ Children should just watch their backs because we have lawyers, and lots of them.
