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| 4-12-03 by anonymous: | |||
| Happy Birthday a.k.a. Good Morning to All | |||
| The information I have been able to find on the Web indicates that many people are unaware that the earlier song “Good Morning to All” even exists. Furthermore, those who are aware of it (including at least one practicing lawyer) seem to be under the false impression that it was not published formally, or not even published at all. That is clearly wrong. This may be propaganda released by the owners of “Happy Birthday” and picked up by others and spread on the Web without verifying the claims. Although the record of “Good Morning to All” would not be online, the Copyright Office should have a physical record of it for you to verify. | |||
| editorial by J. Byron, May 2003 | |||
| There is a 1935 copyright registration for Happy Birthday, but the melody "Good Morning to All" was published in 1893 and is public domain by U. S. statute. (you just can't use the lyrics in public without paying) However, one site listed in this editorial claims possession of some early publications that nullify the copyright to even the lyrics. | |||
| Note that the word “happy” has two syllables, but “good” has only one. Thus, in the song “Happy Birthday” that note was split in two. I once read somewhere that the owners of “Happy Birthday” claim that this one-note difference creates a derivative work subject to protection. I am not familiar with any case law on it, but that claim seems bogus. | |||
| My own comments do not constitute legal advice in any way. I am not a lawyer. This is the result of my own personal study. I accept no liability resulting from use/abuse. | |||
| “How much do I have to change in my own work to make a new claim of copyright? You may make a new claim in your work if the changes are substantial and creative — something more than just editorial changes or minor changes. This would qualify as a new derivative work. For instance, simply making spelling corrections throughout a work does not warrant a new registration — adding an additional chapter would. See Circular 14 for further information.” - http://www.copyright.gov/faq.html | |||
| There are many references to "Happy Birthday" on the Web. Most warn you of the copyright claim on it, and that the current owners rabidly defend it. Many of these "editorials" do not tell you about the song "Good Morning to all" - and the few that do, don't tell you about its undeniable legal status. Is this deliberate, or just ignorance of the facts? I don't know. | |||
| In this case, the new lyrics, or the combination of them (by Robert Coleman) with the Hill sister’s pre-existing melody, are the creative changes mentioned above. | |||
| "Good Morning to All" included in: | |||
| Even so, “Good Morning to All” CANNOT be a derivative work of “Happy Birthday to You” - “Happy Birthday” IS a derivative of “Good Morning” however. | |||
| Song Stories for the Kindergarten, pub. 1893 | |||
| Song Stories for the Kindergarten, revised ed., pub. 1896 | |||
| Words: Patty Hill (-1946) Music: Mildred Hill (-1916) | |||
| The song "Good Morning to All" - from which "Happy Birthday" was allegedly derived - is free to use (words and music) by U. S. federal statute. (Published before 1923, and furthermore published before 1909) That "version" of the "birthday" melody may suffice for some people. (The law of other countries might affect the status outside the U. S.) | |||
| Allegedly, after the Hill's publication of "Good Morning to All" Robert Coleman sang the "birthday" lyrics with the "Good Morning to All" melody. Later the "Happy Birthday" lyrics combined with the Hill's published melody showed up on stage. The Hill family won a law suit granting them the 1935 copyright mentioned endlessly on the Web. (Which does not effect today's public domain status of "Good Morning to All.") | |||
| Except for the splitting of the first note in the melody "Good Morning to All" to accommodate the two syllables in the word hap-py, melodically "Happy Birthday" and "Good Morning to All" are identical. Precedence (regarding works derived from public domain material, and cases addressing similar musical works) seems to suggest that the melody as used in "Happy Birthday" would not merit additional legal protection for one split note. (As separated from the lyrics themselves.) A contact I made via the Web, claimed that someone at Warner acknowledged this much to him by phone. It would be the reader's own responsibility to verify that. | |||
| In summary, many people are unaware that the public domain status in the U. S. of the melody from "Good Morning to All" is not in question. Many of those who DO know about the public domain status of "Good Morning to All" nevertheless believe that splitting the first note of the melody as was done for "Happy Birthday" would merit protection and attract Warner's attention. My limited understanding of the law suggests otherwise, and if my Web contact was correct, the copyright owner acknowledges the melody to "Happy Birthday" as public domain. | |||
| Searching further, I found a music publisher specializing in public domain music who claims that he and others have publications of "Happy Birthday" - with the lyrics, that are not covered by the 1935 copyright. (Of course there is no public comment by Warner on this.) The Web page owner/publisher told me via email, that they know they would lose any challenge to his claim. | |||
| He states on his Web page: | |||
| "Happy Birthday Document (proving that it is "public domain".) | |||
| A 1935 copyright is invalid according to us, double your money back if | |||
| we are wrong. (Many people have been ripped off by this dilemma)" | |||
| ⚫ | - http://members.aol.com/katzmarek/pdmusic.htm | ||
| Sources for "Good Morning to All" sheet music: | |||
| http://www.pdinfo.com/rp/R002152.htm | http://www.pdinfo.com/rp/R002152.htm | ||
| ⚫ | http://members.aol.com/katzmarek/pdmusic.htm | ||
| http://music.netstoreusa.com/songs/7005/HL00502604~958965.shtml | |||
| The commercial value of this song to many people would include the lyrics, so this doesn’t help everybody. | |||
| Editorials about "Happy Birthday" - that are incomplete: | |||
| http://www.attachemag.com/archives/01-02/story2/story2.htm | |||
| http://www.snopes.com/music/songs/birthday.htm | |||
| Copyright and public domain in the U. S.: | |||
| http://www.unc.edu/~unclng/public-d.htm | |||
| http://www.pdinfo.com/source/N374339.htm | |||
| http://www.copyright.gov/faq.html | |||
| This is not legal advice, nor am I affiliated with the links provided. | |||
Revision as of 17:12, 7 May 2003
The song Happy Birthday was written by American sisters Patty and Mildred Hill in 1893 when they were school teachers in Louisville, Kentucky. The verse was originally intended as a classroom greeting entitled Good Morning To All. The lyrics were copyrighted in 1935, 11 years before Patty's death, and the ownership has swapped hands in multi-million dollar deals ever since; the copyright is currently owned by Warner Communications who bought the rights in 1985 and is scheduled to expire in 2021.
Happy Birthday is now among the top three most popular songs in the English language, along with "Auld Lang Syne" and "For He's a Jolly Good Fellow".
Happy Birthday a.k.a. Good Morning to All editorial by J. Byron, May 2003
There is a 1935 copyright registration for Happy Birthday, but the melody "Good Morning to All" was published in 1893 and is public domain by U. S. statute. (you just can't use the lyrics in public without paying) However, one site listed in this editorial claims possession of some early publications that nullify the copyright to even the lyrics.
My own comments do not constitute legal advice in any way. I am not a lawyer. This is the result of my own personal study. I accept no liability resulting from use/abuse.
There are many references to "Happy Birthday" on the Web. Most warn you of the copyright claim on it, and that the current owners rabidly defend it. Many of these "editorials" do not tell you about the song "Good Morning to all" - and the few that do, don't tell you about its undeniable legal status. Is this deliberate, or just ignorance of the facts? I don't know.
"Good Morning to All" included in: Song Stories for the Kindergarten, pub. 1893 Song Stories for the Kindergarten, revised ed., pub. 1896 Words: Patty Hill (-1946) Music: Mildred Hill (-1916)
The song "Good Morning to All" - from which "Happy Birthday" was allegedly derived - is free to use (words and music) by U. S. federal statute. (Published before 1923, and furthermore published before 1909) That "version" of the "birthday" melody may suffice for some people. (The law of other countries might affect the status outside the U. S.)
Allegedly, after the Hill's publication of "Good Morning to All" Robert Coleman sang the "birthday" lyrics with the "Good Morning to All" melody. Later the "Happy Birthday" lyrics combined with the Hill's published melody showed up on stage. The Hill family won a law suit granting them the 1935 copyright mentioned endlessly on the Web. (Which does not effect today's public domain status of "Good Morning to All.")
Except for the splitting of the first note in the melody "Good Morning to All" to accommodate the two syllables in the word hap-py, melodically "Happy Birthday" and "Good Morning to All" are identical. Precedence (regarding works derived from public domain material, and cases addressing similar musical works) seems to suggest that the melody as used in "Happy Birthday" would not merit additional legal protection for one split note. (As separated from the lyrics themselves.) A contact I made via the Web, claimed that someone at Warner acknowledged this much to him by phone. It would be the reader's own responsibility to verify that.
In summary, many people are unaware that the public domain status in the U. S. of the melody from "Good Morning to All" is not in question. Many of those who DO know about the public domain status of "Good Morning to All" nevertheless believe that splitting the first note of the melody as was done for "Happy Birthday" would merit protection and attract Warner's attention. My limited understanding of the law suggests otherwise, and if my Web contact was correct, the copyright owner acknowledges the melody to "Happy Birthday" as public domain.
Searching further, I found a music publisher specializing in public domain music who claims that he and others have publications of "Happy Birthday" - with the lyrics, that are not covered by the 1935 copyright. (Of course there is no public comment by Warner on this.) The Web page owner/publisher told me via email, that they know they would lose any challenge to his claim.
He states on his Web page:
"Happy Birthday Document (proving that it is "public domain".) A 1935 copyright is invalid according to us, double your money back if we are wrong. (Many people have been ripped off by this dilemma)"
- http://members.aol.com/katzmarek/pdmusic.htm
Sources for "Good Morning to All" sheet music:
http://www.pdinfo.com/rp/R002152.htm
http://music.netstoreusa.com/songs/7005/HL00502604~958965.shtml
Editorials about "Happy Birthday" - that are incomplete:
http://www.attachemag.com/archives/01-02/story2/story2.htm
http://www.snopes.com/music/songs/birthday.htm
Copyright and public domain in the U. S.:
http://www.unc.edu/~unclng/public-d.htm