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Happy Birthday Copyright
Copyright law: Happy Birthday
Is Bobby Bandleader violating the copyright of Johnny Singstealer?
Legal concept(s)
According to copyright law, the owner of a copyright has the exclusive right to: "reproduce the work in copies; to prepare derivative works based upon the work; to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; to perform the work publicly; to display the copyrighted work publicly," and "in the case of sound recordings, to perform the work publicly by means of a digital audio transmission" (Copyright infringement, 2012, Copyright.gov).
Of course it is true that many people sing Happy Birthday every day and do not have to pay royalties as a result. But when they do so, they are singing for their own pleasure, not to receive monetary compensation. If I sing in the shower, I cannot be sued by the Beatles or the Rolling Stones for copyright infringement, but if I perform one of their works without attribution for a profit and do not honor their copyright, I can be sued. In the case of Bobby Bandleader, he is financially profiting….....