Judge: "Happy Birthday" now public domain


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Los Angeles Times article

For the longest while, it was believed that "Happy Birthday" was under copyright, meaning that anyone who performed it publicly (such as in movies or television shows) had to pay royalties.

Now a judge has declared that the song itself is public domain, and that the copyright was based on the original piano performance.

This is a rather big deal.

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Anyone else ever notice that "Happy Birthday to You" is written in a minor key and sounds like a funeral dirge? My kids and I sing it very slowly and with lots of weeping and wailing.

Sounds appropriate, it is a rather bizarre thing after all to track your progress towards death.

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Here's where I get to geek out. :)

 

"Happy Birthday" isn't in a minor key, though any song can sound dirgy if you play it mournfully enough (if you've ever sung "The Spirit of God" in church at a painfully slow tempo, which I'm sure you have, you know what I mean). The hallmark of a minor key is moving the third tone of the scale down a half step, which "Happy Birthday to You" does't do. Here's a version of "Happy Birthday" that starts out in a minor key. You can hear the difference.

 

https://www.youtube.com/watch?v=ipyVmkcUXPM

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I love the sound of songs in minor. I find it distasteful how many people call songs with large portions in minor as funeral dirges. (not the first time nor last i've heard the that exact same wording)  I guess we all have different tastes.

I do think that the Happy Birthday song does seem to be sung in minor quite often...but I don't think that is how it's supposed to go though  :P

Edited by Crypto
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