Originally posted by jean
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'Happy Birthday'
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VodkaDilc
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As once pointed out on here by the late and still much lamented Chris Newman, the tune is a direct crib of a melody heard in the last movement of the Brahms 4th Symphony.
OK, it may not be deliberate plagiarism but it sounds so uncanny you seriously begin to wonder...
Just on 34' 00'' in here:
"The sound is the handwriting of the conductor" - Bernard Haitink
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Originally posted by Flosshilde View Postno longer copyrighted (except for four specific piano arrangements). Apparently it never should have been subject to copyright, & Warner are potentially faced with the task of re-paying the copyright fees (amounting to something like 2 million dollars a year) since at least 1980.
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Roehre
Originally posted by Petrushka View PostAs once pointed out on here by the late and still much lamented Chris Newman, the tune is a direct crib of a melody heard in the last movement of the Brahms 4th Symphony.
OK, it may not be deliberate plagiarism but it sounds so uncanny you seriously begin to wonder...
Just on 34' 00'' in here:
https://www.youtube.com/watch?v=wxB5vkZy7nM
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Originally posted by Flay View PostIt seems that even Igor was worried about royalties!
http://www.barbwired.com/barbweb/pro..._greeting.html
That said, I just don't understand how this saga came about. 2016's the 70th anniversay of Mildred Hill's death but I think that they still use the 50 year rule in US, unlike quite a few other countries. I have, for example, found that Sorabji's early published works are regarded as public domain in US whereas in many other jurisdictions they remain in copyright until 31 December 2058; in US, if something was published before 1923 (or 1925 - I cannot now recall which) it's regarded as being in the public domain, so I don't even know how WC could have obtained those rights in the first place.
In any event, I imagine that only a tiny fraction of performances of HB throughout the world generate royalties, rightly or wrongly; it's not unlike the situation in which Microsoft's intellectual property income, large as it is, is only a single figure % of what it would be if no one stole their stuff by making illicit copies thereof.
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Originally posted by ahinton View PostIgor was very keen to get as much in royalties as possible!
[FONT=Comic Sans MS][I][B]Numquam Satis![/B][/I][/FONT]
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Originally posted by ahinton View PostThat said, I just don't understand how this saga came about. 2016's the 70th anniversay of Mildred Hill's death but I think that they still use the 50 year rule in US, unlike quite a few other countries.
In any event, I imagine that only a tiny fraction of performances of HB throughout the world generate royalties,
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Originally posted by Flosshilde View PostI think I read somewhere that the copyright was going to be in force for some time. And, as I said in my first post, royalties have apparently ammounted to about 2 million dollars a year.
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Originally posted by ferneyhoughgeliebte View PostWell, yes - considering that during his lifetime, a performance of the Firebird, or Petrushka or Le Sacre in which he was not conducting would earn money for everybody from the publishers, the performers and the management of the Hall right down to the people serving the interval refreshments - EXCEPT the composer himself. Without his stance, Igor's circumstances in the United States would have been as pecuniarily straitened as Bartok's or Schoenberg's. He still had problems - not only with Happy Birthday, but also the Star Spangled Banner, and (from the other side) the popular "arrangement" (read "rip-off") of "Summer Moon", which put not a cent in the composer's pocket. (Melchior, to his eternal disgrace, was more lucky.)
The late Albi Rosenthal, the antiquarian book and music specialist, never met Schoenberg (as he had styled himself when in US) but his father, who did and was once a near neighbour of his, told him of an occasion on which a very agitated Arnold called him to ask if he could come around to see him right away and that, when he did so, he brandished his latest royalty statement for $4.34, comlaining bitterly that this was "for a whole year"; it seems that it did not occur either to Schoenberg or Herr Rosenthal senior that this could have been interpreted as a kind of one-upmanship on the former's erstwhile pupil...
As to Summer Moon, that ought to have put quite a few cents in Igor's pocket for reasons other than the usual, methinks!...
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Originally posted by ahinton View PostIndeed; I just don't understand how this came about in the first place.
There was then a series of assignments and agreements covering various copyrights, from the Hill sisters to Clayton F. Summy, from whom Warner-Chappell derived their rights. Again it was unclear to the judge whether the Happy Birthday lyrics were ever assigned to Summy, it being more likely that they had assigned copyright in the melody and in a piano arrangement. Another major uncertainty was whether the copyright registration, on which Warner-Chappel have been relying for many years, in fact was a registration covering the lyrics, the judge holding that it was only evidence of a registration for a piano arrangement of the melody
A guess, from the actual judgement (which is a very easy and fascinating read)
doc. no. 244 file:///C:/Users/User/Downloads/gov.uscourts.cacd.564772.244.0.pdf
is that Warner were relying on a 1935 registration which may have a life of 95 years - but this is just a guess and may be wrong.Last edited by Quarky; 26-09-15, 07:52.
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