Lakeshia Hampton
Laws 310
Week 3

Singstealer vs. Bandleader

Summary of the Facts of the Case: Bobby Bandleader has been singing his own version of “Happy Birthday to You” for over twenty years at his restaurant. Bobby’s version of the song uses the same tune, but different wording. Johnny Singstealer owns the copyright to “Happy Birthday to You”, and the copyright is valid. Johnny discovered that Bobby Bandleader is using his song, and has sued Bobby for copyright infringement and is seeking $1M in damages, as well as an injunction against further performances by Bobby.
Legal Issues Presented: Both parties have asked for arbitration on the matter of copyright infringement, damages, and an injunction against further performances of “Happy Birthday to You” by Bobby Bandleader. The court will determine if Bobby Bandleader’s rendition of “Happy Birthday to You” infringes upon the copyright held by Johnny Singstealer, and if any damages ($1M) have been sustained, as well as if an injunction to prevent Bobby Bandleader from performing the song in his establishment will be issued.
Legal Concepts: Based on the copyright laws of the United States which are encoded in Title 17 of the United States Code ("Copyright Law of the United States," n.d), some of the facts states: * Bobby Bandleader infringed upon the copyright of Johnny Singstealer according to Section 501(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by section 106 through 122. (http://codes.lp.findlaw.com/uscode/17/1) * Bobby performing his rendition of the song in his restaurant is not protected by the Exemption of Certain Performances and Displays as outlined in Section 110(5)(B)(i) in the case of an establishment other than a food service or drinking establishment… * Bobby’s restaurant became popular because of his rendition of “Happy Birthday to You”, and therefore, he profited from the use of a derivative of the song, and enjoyed "financial gain", which includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works applies. * According to Section504, Remedies for infringement: Damages and profits, Johnny can elect to pursue actual damages or settle for statutory damages in a sum of not less than $750 or more than $30,000 as the court considers just. http://www.law.cornell.edu/uscode/text/17/504 * Johnny may be entitled to recover the full costs and the court may also award a reasonable attorney's fee to the prevailing party as part of the costs according to Section 505, Remedies for infringement: Costs and Attorney's Fees. (www.law.cornell)
Analysis/Conclusion:
Bobby Bandleader has profited from his rendition of “Happy Birthday to You” because it made his restaurant popular, which is a clear violation of Johnny Singstealer’s copyright on the song. However, how would we know how much he profited from it? They would have to get the receipts since the business open, and get the expenses. And I am not sure if they can actually calculate the percentage of profit that can actually be attributed to Bobby’s rendition of “Happy Birthday to You”. The other option is to settle for statutory damages which can range from $750 to $30K, plus actual costs incurred by the plaintiff and his attorney’s fees. If Johnny can prove that infringement was committed willfully, the court may increase the award of statutory damages to a sum of not more than $150K.
In overall, I would award Johnny Singstealer the maximum amount allowable under statutory damages because of the length of time that Bobby Bandleader profited from his rendition of the copyrighted song, “Happy Birthday to You”. I do not find that Bobby Bandleader acted willfully in this matter, and I will also award the plaintiff the actual costs that he incurred, as well as attorney’s fees.

References 1. Copyright Law of the United States.(n.d.).U.S. Copyright Office. Retrieved from http://www.copyright.gov/title17/ 2. Radcliffe, M. F. (n.d.). Copyright Law. Law Library | Legal Professional. Retrieved from http://library.findlaw.com/1999/Jan/1/241476.html 3. Remendies for infrigment: Damages and profits. Law Library | Legal Professional
http://www.law.cornell.edu/uscode/text/17/504