Bobby Bandleader performed unknowingly the copyrighted “Happy Birthday to You” song in his restaurant, Bobby’s Bistro, for more than 20 years. He obviously did not know that Johnny Singstealer had the song’s copyright, along with many other people that sing the Happy Birthday song in public.
When it comes to the law, it is clear that Bobby Bandleader had no right to perform the song in his restaurant without working out a deal with Johnny Singstealer, the copyright holder. Bobby Bandleader was clearly engaging in copyright infringement of the “Happy Birthday to You” song based on his unauthorized public performance without the knowledge and permission of the copyright holder, Johnny Singstealer. (Galpert, 2008)
Based on the United States Code Title 17 §106, it is stated that owners of works such as musical composition, even this particular composition, have the exclusive right to perform the copyrighted work publicly. Bobby Bandleader is the offender and he should apologize and offer to pay Johnny Singstealer whatever is due or whatever his demand is as long as it is fair, reasonable, and just amount. Johnny Singstealer has the right to collect the necessary royalties or licenses fee from Bobby Bandleader since it is against the law to steal the copyright-protected works of others and perform them without pay. (Unhappy Birthday, 2012)
The amount of 1 million dollars that Johnny Singstealer demanded for the past and present copyright abuse they requested Bobby Bandleader to pay is ridiculous. For example, if you wanted to use the song in a television show, a movie, or commercial, you would pay anywhere from $5,000 to $30,000 for those rights. Not only that, this song generates approximately $2 million in royalties every year. So to ask the owner of Bobby’s Bistro, which is only one restaurant is irrational. It is not a fair, just and reasonable amount for