You may not be aware of some of the insanity which current copyright laws create in many countries, not just the United States. Here are two songs which you may think are free and clear but which are, in fact, copyrighted and subject to royalty payments:
Happy Birthday to You
The Chicago-based music publisher Clayton F. Summy Company, working with Jessica Hill, published and copyrighted “Happy Birthday” in 1935. Under the laws in effect at the time, the Hills’ copyright would have expired after one 28-year term and a renewal of similar length, falling into public domain by 1991. However, the Copyright Act of 1976 extended the term of copyright protection to 75 years from date of publication, and the Copyright Term Extension Act of 1998 added another 20 years, so under current law the copyright protection of “Happy Birthday” will remain intact until at least 2030. (from Snopes.com)
Kookaburra Sits In The Old Gum Tree
In February the [Australian] Federal Court ruled the iconic Aussie band [Men at Work] plagiarised part of [it’s 1980s hit Down Under], which was penned in 1979 but only achieved worldwide success after a flute riff was introduced to the track two years later. Larrikin Music said the band stole the riff from the children’s song Kookaburra Sits In The Old Gum Tree which was written by Melbourne teacher Marion Sinclair for a Girl Guides jamboree in 1934…. Larrikin owns the rights to the song and had been seeking up to 60 per cent of Down Under’s profits as compensation. (from the Australian Broadcasting Company)
Y’all be careful out there. Just because it has been 75 years or more since that little ditty was written, doesn’t mean you can’t be ordered to pay royalties if you sing it or even just riff a few bars on your instrument.
