Re: Happy Birthday!

Lincoln Richman <lrichman[_at_]aaas.org> wrote:
>
> I've been a lurker on this list for some time and finally have a
> question which I'm not sure has ever been addressed.
>
> Recently, my wife and I went to dinner at a very popular national
> chain restaurant. As part of the restaurant's regular shtick, if
> a guest is celebrating a birthday, all of the waiters and waitresses
> gather around the celebrant and sing the "Happy Birthday" song ('Happy
> Birthday to you, Happy Birthday to you,' etc.).
>
> If I remember hearing correctly, this song is actually copyrighted (I
> always figured it was American-folkloric and therefore in the public
> domain, but I've been told otherwise).
>
> So, here's my question: Is the restaurant chain (we've heard the song
> sung at several of their locations) violating copyright law by singing
>
> the "Happy Birthday" song?
>
> The restaurant is definitely a "for profit" business. The fact that
> this particular restaurant sings "Happy Birthday," wheras other
> restaurants don't, helps to make the restaurant money (I've been known
> to take friends there on their birthdays just to embarrass them). The
> waiters are paid to sing the song as part of their jobs. It's a
> public performance, no?
>
> Is it possible that this particular use of "Happy Birthday" is
> considered Fair Use somehow, or should the restaurant be paying a
> royalty fee to the owner of the song?

It's possible that the restaurant has a license from BMI, ASCAP and SESAC for the public performance of music. As long as "Happy Birthday" is in the repetoire of BMI, ASCAP or SESAC, then the musical work can be performed in the restaurant.

George Galt
<ggalt[_at_]us.net> Received on Mon Sep 15 1997 - 19:32:05 GMT