Posted by AnthonyR on 11/06/05 16:46

"Gary P" <nospam@thankyou.com> wrote in message news:436d66c3$1@127.0.0.1...
> "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.
>
>

OK, I understand, and thanks for that great web link.

But my question now to this group is legally how and what steps need to be
taken by someone
getting paid to videotape a birthday party for someone, that takes place
either in the home or a commercial hall
or restaurant and then is sold to the customer?
Who do we contact to pay and what about if we tape the event and discover
they sang it spontaneously?
Did we already break the law by not having prior written authorization, and
when we try and get will
we have to pay a penalty?

I have done many sweet sixteen birthday parties so far and haven't been sued
yet, I am living dangerously aren't I?

AnthonyR.

:)

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