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ASCAP would be so proud of Time/Warner


NeoConMan

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According to the Guinness Book of World Records, "Happy Birthday to You" is the most recognized song

in the English language. The song’s origins date back to the mid-19th century, when sisters Patty and Mildred

Hill began singing the song "Good Morning To All" to their kindergarten class in Louisville, Ky.

 

Their students enjoyed the song so much that they began spontaneously singing it at birthday parties, keeping

the melody but changing the lyrics to suit the occasion. "Happy Birthday to You" was first published in 1912 and

copyrighted in 1935.

 

In 1998, the Time-Warner Corporation purchased the rights to "Happy Birthday to You."

The company annually collects about $2 million in royalties for the song.

It considers public performances to be illegal unless royalties are paid, including performances among any group

where a substantial number of those in attendance are not family or friends of the performer.

 

Some legal scholars question the validity of the copyright, the melody of "Happy Birthday to You" was most

likely borrowed from other popular songs of the time, and the lyrics were improvised by children who never

received compensation. The copyright is due to expire in 2016 in Europe, and in 2030 in the United States.

 

Source: Wikipedia.org

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Even centuries-old folk songs and "arrangements" of baroque and classical composers are claimed by BMI and/or ASCAP.

 

In fact, given that they go after coffee houses where only original music is played by singer-songwriters, it seems that copyright law means nothing to them as long as it helps them figure better ways to bully cash out of people or close down local live music venues.

 

Claims that "cash goes to the author" is baloney at that level, too, since my understanding that basically sheet music, "record sales" and/or sampled broadcast logs are how authors get royalties - not song lists for live performance.

 

I'll wager that there are plenty of organized crime bosses who wish they had the muscle those "licensing agencies" have in real life once they start threatening legal action that no local business can afford to win, let alone lose. Yup, they're the folks who file multi-million dollar lawsuits against grandmas whose grandkids downloaded Internet music.

 

Wonderful folks who somehow manage to own music you haven't even written yet.

 

m

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Murph...

 

Yeah, and I wouldn't hold my breath were I you... Most of us need to breathe every once in a while, and waiting for BMI could be a long, long time unless there's a lotta broadcast play.

 

Seriously to all, looking back at the history of these outfits, I've become convinced that we've long passed any reason for them to jump on live music venues. But until Congress goes after them - or Fox News like they did at Acorn - ain't nothin' gonna happen to bring them into this century.

 

m

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