But that was also successful because the original writers did not know their work had been taken. I also think that Happy Birthday was in it’s current form before it was copyrighted. So what happens if I do not get a copyright (admittedly difficult to do today) and someone else copyrights it and I came a couple years later with proof that it is my work OR as in the case of Happy Birthday someone else comes along and says the claimed copyright holder did not originate the work and here’s proof …
yeah, some other discussion I saw suggested you’d be able to sell public domain copies of Steamboat Willie; but the only illustrations of Mickey you could use in the publicity would be stills from the cartoon. Create a Mickey Mouse in any other pose, or update his appearance to contemporary standards, and you’re violating trademark.
I assume any wording used in any advertising would be examined by Disney Lawyers with a fine-toothed comb.
From what I got from a few articles…
The tune may or may not have been traditional.
The sisters first sang it as “Good Morning to All” in the late 1890’s. Supposedly there was a second verse of Happy Birthday.
Supposedly, also, there are numerous instances of it being sung (as Happy Birthday) well before 1935, including a 1932 cartoon.
So the question is - what was the process to copyright something in 1935? was it first through the Copyright Office door? Did you actually have to have written the music or words? Did copyright start the day it was registered or the day you allegedly composed it? One copyright owner was a songwriter active around 1910, so it’s possible some of it is legitimately his variation.
We can use the term “registered” and it will be meaningful and not misleading regardless of the time period.
Actually [nitpick] you can’t even file suit without registering. However, the awards differ depending on whether the infringement preceded the registration, as I mentioned above.
Correct.
I misspoke above regarding evidence. In order to be considered prima-facie evidence, a copyright has to be registered within 5 years of publication. In the era of the web, the meaning of “publication” hasn’t yet been adjudicated (at least, last time I asked my father, a couple years back). But my guess is, if you post it for anyone to hear, that could be considered “publication”.
Anyone interested in US copyrights should read the following page:
Perhaps the periods differ for different types of works, but I can tell you that periodicals (which is where I, as a newsletter publisher, get my experience in copyright law) must be registered within 90 days of publication to receive statutory penalties.