Frank Nordberg  writes:
|
| It's not as simple as that. Some composer sat down for months - maybe
| years - working had to create that tune, and it's only fair that he or
| she should get some compensation for the work ;)

Heh, heh.  Actually, the original  composer  and  lyricist  were  two
school  teachers  who never made any significant money from it.  They
made their living as teachers of young children, and published a book
of tunes for the children.  They also lost money fighting a copyright
battle with someone else who published the tune as his and  tried  to
prevent them from publishing it in their children's song book. It did
make enough money to start the Birch Tree Group,  a  small  operation
which went on to publish other music for children.

| Seriously, there really are people out there trying to make a living
| from the music they compose. And the only way to achieve that, is by
| having people pay for it.
|
| If the composers didn't get payed, they wouldn't have time to make
| music. They'd be busy making a living instead.

In  this  case,  the  original  composers are long dead, as are their
children.  The tune has passed into the hands of the corporate  music
interests.   It's  hardly  a  case  of a starving artist being justly
rewarded.  It's more a case of big  business  collecting  money  from
small-time  musicians  who  are  unaware  that  the tune isn't public
domain.  Though I haven't read of anyone being sued over singing  the
song at a birthday party.  It's more like they collect royalties when
people use the song in a movie.

| Of course, the real issue is that Happy Birthday is to small a ditty to
| be copyrighted, whereas - say Gershwin's "Rhapsody in blue" - isn't. But
| where do we draw the line?

Drawing such line is what makes a lot of income for a lot of lawyers.
Very little of that money ever ends up in the hands of any artists.

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