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Posted by Gary P on 11/06/05 02:13
"Larry J." <usenet2@DE.LETE.THISljvideo.com> wrote in message
news:Xns97057D0796C3Dthefrogprince@68.6.19.6...
> Waiving the right to remain silent, "Gary P" <nospam@thankyou.com>
> said:
>
>> Well I hope you guys voluntarily pay royalties every time you
>> sing "Happy Birthday"
>
> AFAIK, I can go into the street and sing "Happy Birthday" all day
> long - as long as my neighbors don't shoot me - wihout infringing on
> copyright.
>
According to United States copyright law in United States Code, Title 17
106, authors of works such as musical compositions have the exclusive right
"to perform the copyrighted work publicly." In United States Code, Title 17
101, the law defines publicly performing a work as "to perform or display
it at a place open to the public or at any place where a substantial number
of persons outside of a normal circle of a family and its social
acquaintances is gathered."
This means that if you sing Happy Birthday to your family at home, you're
probably not committing copyright infringment. However, if you do it in an
restaurant - and if the restaurant hasn't already worked out a deal with
ASCAP - you may be engaging in copyright infringement.
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