cake.jpg

Thanks to Coolfer for this tidbit: 

In our music industry survey courses we often refer to “Happy Birthday to You” as being copyrighted when speaking about copyright law.  Well, guess what?  Your teachers could be wrong.  According to a paper by Robert Brauneis, the copyright is:

almost certainly no longer under copyright, due to a lack of evidence about who wrote the words; defective copyright notice; and a failure to file a proper renewal application.

Brauneis, Robert, “Copyright and the World’s Most Popular Song” (March 14, 2008). Available at SSRN: http://ssrn.com/abstract=1111624

Additionally, Robert has a website with evidence pertaining to the “Happy Birthday” song.

Here’s an example of a possible musical source dating back to 1875:  A Happy New Year’s Song.

MP3

http://docs.law.gwu.edu/facweb/rbrauneis/happybirthday/scores/A_Happy_New_Year.mp3

PDF Score:

http://docs.law.gwu.edu/facweb/rbrauneis/happybirthday/scores/A_Happy_New_Year.pdf

Excellent work by Mr. Brauneis!  I’ll sing at  your next birthday! 

Now if I can just get all a refund of those royalties and sync license fees I’ve paid over the years…

;-)