'Happy Birthday'

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  • VodkaDilc

    #16
    Originally posted by jean View Post
    What is the hymn that's normally sung to that tune? It's annoying me that I can't remember.
    The Day of Resurrection comes to mind, but there are others too.

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    • Petrushka
      Full Member
      • Nov 2010
      • 12166

      #17
      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:

      Brahms: Symphony No. 4 (Carlos Kleiber/Vienna Philharmonic)Composer: Johannes BrahmsWork: Symphonie Nr. 4 e-moll, op. 98Orchestra: Wiener PhilharmonikerCondu...
      "The sound is the handwriting of the conductor" - Bernard Haitink

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      • Quarky
        Full Member
        • Dec 2010
        • 2649

        #18
        Originally posted by Flosshilde View Post
        no 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.
        The low-down on the legal wranglings:

        The IPKat blog reports on copyright, patent, trade mark, info-tech and privacy/confidentiality issues from a mainly UK and European perspective.

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        • Roehre

          #19
          Originally posted by Petrushka View Post
          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:

          https://www.youtube.com/watch?v=wxB5vkZy7nM
          It begins exactly on 34'05 (bar 105 or 8 bars before letter E in the Dover score)
          Last edited by Guest; 24-09-15, 15:58. Reason: typo

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          • ahinton
            Full Member
            • Nov 2010
            • 16122

            #20
            Originally posted by Flay View Post
            It seems that even Igor was worried about royalties!

            http://www.barbwired.com/barbweb/pro..._greeting.html
            Igor was very keen to get as much in royalties as possible!

            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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            • ferneyhoughgeliebte
              Gone fishin'
              • Sep 2011
              • 30163

              #21
              Originally posted by ahinton View Post
              Igor was very keen to get as much in royalties as possible!
              Well, 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.)

              Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
              [FONT=Comic Sans MS][I][B]Numquam Satis![/B][/I][/FONT]

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              • Flosshilde
                Full Member
                • Nov 2010
                • 7988

                #22
                Originally posted by ahinton View Post
                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.

                In any event, I imagine that only a tiny fraction of performances of HB throughout the world generate royalties,
                I 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.

                Comment

                • ahinton
                  Full Member
                  • Nov 2010
                  • 16122

                  #23
                  Originally posted by Flosshilde View Post
                  I 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.
                  Indeed; I just don't understand how this came about in the first place.

                  Comment

                  • ahinton
                    Full Member
                    • Nov 2010
                    • 16122

                    #24
                    Originally posted by ferneyhoughgeliebte View Post
                    Well, 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.)
                    Well, yes, of couse the situation was once far worse than it was to become. Strauss was instrumental in the setting up of GEMA, for example - and I know all too well how important royalty receipts are! What I really meant was that Igor eventually came to be quite exercised over royalty income even when his own had become quite substantial but that the worst example of this kind of attitude tends to tarnish the Estates of composers such as his and those of Strauss and Krenek, for example, which can sometimes be obstructive in varying degrees and at times run counter to what the composers themselves would likely have countenanced.

                    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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                    • Eine Alpensinfonie
                      Host
                      • Nov 2010
                      • 20565

                      #25
                      Originally posted by VodkaDilc View Post
                      The Day of Resurrection comes to mind, but there are others too.
                      That's the one.

                      Comment

                      • Quarky
                        Full Member
                        • Dec 2010
                        • 2649

                        #26
                        Originally posted by ahinton View Post
                        Indeed; I just don't understand how this came about in the first place.
                        Dangerous to meddle in copyright matters without a full understanding, but according to the IPKat blog:

                        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, 08:52.

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