Johnny Singstealer vs Bobby Bandleader, Essay Example

Copyright Issues to the Happy Birthday to You Song An Arbitrary Case Presentation

Factual Summary:

Happy Birthday to you is a noted song that is specifically one of the most celebrated songs in the past and modern society. Understandably, the song is a widely sung jingle that is noted as a form of tradition especially during birthday parties. Coming from the original form of music created by the Hill sisters, there had been several versions that have been released and used by many different families and individuals who celebrate their birthdays or at least sings the song for a celebrant. In the case involved, Bobby Bandleader is a well-known owner of Bobby’s Bistro who sings happy birthday in the same tune but different words to his clients. On the other end, it could be observed how the supposed copyright owner of the song in the name of Johnny Singstealer intended to make a definite indication on the right he has especially when it comes to the payment that he deserves from Bandleader for his use of the song.

Issue(s):

A 1 million payment for the supposed copyright infringement on the song of Happy Birthday to You is asked as a reference of fine for the utilization of the song. Understandably, it could be observed that the concern for copyright on the song could be likely reprimanded as the song is actually sung for different celebrants around the globe. One of the clients of Bobby in his bistro mentioned that he goes regularly to the restaurant during his birthdays as he specifically loves the food and specifically loves to hear bobby’s version of happy birthday although he does love the fact that Bobby reminds him of how his mother used to sing it to him during his birthdays in the past. At this point, should the mother of the client also be asked to pay for the infringement of the copyright.

The issue of whether or not the happy birthday still has a copyright is the primary way of manifesting a considerable option of defining a well-assumed course of the law’s legal specification on how relative acceptance of the song as part of regular social tradition. The realization of this fact is noted as the reason behind the dictation of whether or not the case should be pursued as a form of legal consideration.

Legal Concept(s):

The Happy Birthday song is noted to be part of regular birthday tradition, not only in the United States but in the whole world. The copyright law on the other hand applies on matters that concerns not on the aspect of regularly recognized cultures even though they were originally created by specific individuals. This has happened to status of happy birthday as a form of traditional song applied during particular celebrations. The truth about this indicates a considerable indication that the song has become a regular contribution to the culture of the human society.

When it comes to the issue of copyright infringement, it should also be considered that Bandleader used only the tune and not the lyrics of the original song. It should be realized that the one that has been fully copyrighted in the past is the lyrics of the song and not so much on the tune as the tune has been a compiled collection of different melodies in the past from the music of “Good Morning” that was first imposed as a directive song for preschoolers.

Analysis/Conclusion:

As an overall conclusion, it is assumed that the case is invalid. The bearing of the song into the regular culture of birthday celebrations specifically makes the copyright infringement invalid. If the infringement would be implied on Bobby Bandleader then others who use the same song all over the world should be asked to pay as well which is specifically considered as an unreasonable thought. It should be realized that copyright legalities only apply to creations that are considered fully protected by the original owners of the craft. Notably, it is not only the song that customers of Bobby’s bistro specifically ask for during their birthdays but the food that the establishment offers.

References

Rubin, R. E. (2010) ‘Foundations of Library and Information Science: Third Edition’, Neal-Schuman Publishers, Inc., New York, p. 341.

Owen, Lynette (2001) Piracy Association of Learned and Professional Society Publishers 14(1) p. 68.