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Johnny Songstealer

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Submitted By msparker
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Johnny Singstealer claims that he now owns the copyright to the “Happy Birthday To You” song for 20 years. The song was inherited from his family. He is seeking royalties from the use of the Happy Birthday Song. Bobby Bandleader says that everybody utilizes the “Happy Birthday To You” song. He has added his own “twist” in the song so it’s not the traditional song. He uses harmonizing chords, as well as, changed some of the words in the song to make it his own creativity.
I am going to decide whether or not Bobby Bandleader will owe royalty payments to Johnny Singstealer simply because he uses the melody of the song and the basis of the song, HBTY.
“Happy Birthday To You” is a song that is known throughout the world as the birthday song (Cold Case: The Happy Birthday Song Edition, 2011). The origination of the song was copywritten by Preston Ware Orem and R.R. Forman many years ago. They were the first to actually write out the song in which they received the copyright because of that and were estimated at $5 million dollars in 1990. The copyright isn’t due to expire until 2030, but has now been passed down to Johnny Singstealer in which he now owns the copyright. The purpose of copyright laws and royalties is to afford the copyright owner a fair return for his creative work and the copyright user a fair income under existing economic conditions (Proceedings by Copyright Royalty Judges).
Bobby Bandleader has not sung the song, “Happy Birthday To You” verbatim. He has taken the liberty to change some of the words of the song and add some harmony to make it his own rendition. With that said, I don’t feel that he really owes Johnny Singstealer any royalty payments at all. I would say he would, if, the song was song in public exactly how it was copywritten. Mr. Bandleader adds other musicians to accompany him to help with harmonizing and has changed

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