The song “Happy Birthday to You” is one of the best known songs in the world and generated more than $2 million in royalties for Warner/Chappell Music, until September 2015, a U.S. judge ruled that Warner/Chappell could not prove that it had copyright to the song. On February 8, 2016, Warner/Chappell Music agreed to end a group action against these rights. After mediation, Warner`s payments would amount to more than $14 million to the “thousands of individuals and entities” who have paid royalties to use the song since 1949, plus $4.6 million in lawyers for the plaintiffs. [36] Section 110 outlines eleven situations in which the representation of a work, including dissemination, “no copyright infringement” [21], the main exceptions are described in paragraphs 1 to 5. Paragraphs 1 and 2 concern personal or distance education in non-profit educational institutions. Paragraph 3 applies to representations or representations in religious activities as part of a religious service. Paragraph 4 applies to non-dramatic literary or musical works (but not to plays or videos) performed by non-profit groups such as a common chapel or orchestra. Paragraph 5 is the exception for the smaller ones. In 1995, ASCAP (American Society of Composers, Authors, and Publishers) ordered the American Camping Association to pay royalties for campfire songs sung in one of its 2,300 camps, including popular Singalong songs “Puff the Magic Dragon” and “This Land Is Your Land.” [37] (“This Land Is Your Land” was later discovered that it was available to the public since 1973.[38]) Girl Scout Camps were included in the application, but only a small number of Girl Scout Camps actually paid the agreed annual fee of US$250. The New York Times reported: “Of the 256 Girl Scout Camps on its list, 16 [paid].

[39] In March 1996, ASCAP sent letters to the Girl Scouts to pay copyright for campfire songs written or published by ASCAP and sung in “public performance”. [40] ASCAP expected to pay royalties for one of the 4 million songs that were sung publicly. In August 1996, the Wall Street Journal published a front-page article, “Ascap Cautions the Girl Scouts: Don`t Sing God Bless America,” which described the scene at the Diablo Day Camp in Lafayette, California, as a troupe of girls` recruiters danced silently on macarena for fear of copyright infringement. [37] The video performance of Girl Scouts, who danced softly, entered the general public and drew attention to ASCAP`s requests. ASCAP considered the Girl Scouts to be “public performances” of copyrighted works. Public representations are defined in section 101 of the Copyright Act as a benefit “that brings together a significant number of people outside the normal circle of a family and its social knowledge.” [41] 1. The holder holds all ownership rights to and from copyrighted and/or copyrighted works described in this Agreement. Copyrighted works are collectively referred to as “work.” In the United States, ASCAP and BMI employ field staff to monitor public appearances.

Field agents can act as agents for the organization and negotiate fees for a flat-rate license, but individuals can negotiate directly with the organization. The fee can be presented on a take-it-it-or-leave-it basis, but if there is disagreement, the levy can be challenged in the Federal District Court in the Southern District of New York. Despite popular wisdom to the contrary, there is no “three-second” rule for copying or copying recorded music. There is no rule that “four notes” can be copied without penalty. Instances under the fair use exception may contain criticism or comments. Criticism should not be negative: if a jazz soloist quotes a phrase from a well-known solo by another player, it could be considered a tribute. [19] Music sampling was followed aggressively by the owners of