Why ‘Happy Birthday’ is still not quite in the public domain

Birthday Cake, September 2010 by Will Clayton

Most people will have heard that Happy Birthday, the popular birthday jingle, was subject to copyright, meaning that the holders could pursue people for royalties should they choose to sing or play it, at least in a commercial context.

But this week the right to claim royalties was overturned by a ruling from the US District of California, which much of the press said had put the song into the US public domain, stripping Warner/Chappell, a subsidiary of Warner Music, of the right to collect payment.

In practical terms this may well be true, but the specifics are a shade more complicated than that.

Songwriting royalties are divided by law into music and words, which is to say that the tune of a song is treated as a separate entity to the lyrics.

Happy Birthday’s melody was agreed by all parties in the case to have been in the US public domain, meaning that one could already hum the tune without fearing you would have to pay.

What was in contention was Warner/Chappell’s claim that it held the copyright to the words, an argument that was dismissed by the court, which ruled that the group could not back this up.

This led the plaintiff’s lawyers to release a statement announcing that the words were now in the public domain, an angle which most websites reported on as the truth.

Yet whilst the court ruled that Warner Chappell could not prove that it held the copyrights, it did not dismiss the idea that somebody somewhere might do.

This is because the authors of the 1893 tune, American sisters Patty and Mildred Hill, never asserted their copyright over the song’s lyrics, and there is no evidence they transferred rights for the lyrics over to the Summy Company, the first firm to assert claim over the lyric copyright.

Of course, unless somebody comes forward to establish this copyright Happy Birthday will in effect be public domain, at least in the US. It remains in copyright in Britain, among others countries.

A full version of the song’s history, complete with the original lyrics, can be found in a detailed piece by the LA Times, and the court’s full judgment can be found at this link.

Image Credit – Birthday Cake, September 2010 by Will Clayton

Jeremy Corbyn comes to David Cameron’s defence over piggate allegations

Jeremy Corbyn at prime minister's questions, BBC via David Holt

Prime minister David Cameron has found an unlikely defender against the ongoing allegation that he stuck his penis into the mouth of a dead pig during an initiation ritual for an Oxford society.

Labour leader Jeremy Corbyn, who the Tories have been keen to brand a national security threat because of his largely pacifist views on defence, told ITV News that he objected to the media’s treatment of Cameron in the wake of a number of allegations from upcoming biography Call Me Dave.

He said:

“The media treatment of any politician on unsubstantiated allegations, be it David Cameron, me or anybody else is wrong. And too much of our media is obsessed with personality politics, obsessed with personal criticism of politicians, and therefore distracting from what are actually very serious issues about people’s housing, people’s living standards, people’s jobs or world peace.”

Even if Corbyn is not too keen on the media’s behaviour, it appears that many Britons find the reports of Cameron’s misbehaviour compelling, with two-thirds telling pollster YouGov that they believed the allegations.

The full interview with Corbyn can be viewed on the ITV News website.

Image Credit – Jeremy Corbyn at prime minister’s questions, BBC via David Holt

Photo suggests Tory government is considering Channel 4 privatisation

Channel 4 Building in London, September 2012 by Loz Pycock

The British government appears to be looking into privatising aspects of Channel 4, according to a policy document snapped by photographer Steve Back outside of Downing Street.

The document, shown below, was apparently being held by a nameless suit, and references a meeting with Matt Hancock, the minister for the Cabinet Office, the department of the prime minister.

The text reads:

“In your recent meeting with Matt Hancock you agreed that work should proceed [to] examine the options for extracting greater public value from the Channel 4 Corporation (C4C), focusing on privatisation options in particular, whilst protect[ing] its ability to deliver against its remit.

“This submission outlines the options we propose to explore, working with SheX [Shareholder Executive, government body that owns  Channel 4] and CO [Cabinet Office]. It is also set out next steps in pursuing that work [sic], including a recommendation you write to C4C reques[ing] that they open their books to ShEx to enable more meaning options anlays[is].”

Earlier this summer culture secretary John Whittingdale had said a sale of Channel 4 was not under discussion, though he did not rule it out.

A number of media groups had previously reported such a sale was due to take place, with the Financial Times claiming that a sale could raise £1bn for the British government.

In the past the coalition government had looked at such a sale, but the move was blocked by the Liberal Democrat business secretary Vince Cable, who lost his Twickenham seat in the general election in May.

Back’s photo comes as the BBC’s Charter Review approaches at the end of 2016, with the Tories’ long-held contempt for the Beeb prompting many to worry the government could look to cripple the national broadcaster.

To this end Tony Hall, director general of the Beeb, is hoping to modernise the BBC for the Internet Age, whilst rejecting the Conservative view that he intends to expand the organisation’s remit.

Channel 4’s younger audience may put it at greater risk from streaming firms like Netflix, according to Enders Analysis, when compared to the BBC.

Image Credit – Channel 4 Building in London, September 2012 by Loz Pycock

Three Tories barred from party conference following alleged suicide of activist

Elliott Johnson via Twitter

Three Conservatives have been barred from the October party conference in Manchester in connection with bullying allegations relating to a Tory activist believed to have killed himself.

A spokesman for the Tories conformed that three people had had their conference credentials revoked following the death of Elliott Johnson, and one person had had their party membership suspended pending the outcome of an internal inquiry launched before Johnson’s death.

He added:

“Everyone in the Conservative Party is deeply saddened at the death of Elliott Johnson. The circumstances surrounding his death are in the hands of the coroner and it is not appropriate to comment on those at this time.”

According to the Telegraph, the Tories that have been barred are Mark Clarke, a 2010 parliamentary candidate for Tooting; Sam Armstrong of youth group Conservative Future, which Johnson also belonged to; and Andre Walker, a political journalist and former political staffer.

In a statement Clarke said:

“I strongly refute any suggestion of bullying or harassment. I am not making any further comment about this matter. The family have asked for privacy and I respect both their wishes and the coroner’s process.”

Earlier this week Johnson’s coroner revealed they had been made aware of allegations of bullying in connection to Johnson’s death, and that the British Transport Police were investigating the matter with assistance from Bedfordshire Police.

The Guardian reported that party members had been named in a note Johnson left behind on the day of his death, which is not being treated as suspicious by police.

Ray Johnson, father of the deceased, said at the inquest:

“We want to find out who did these things and what happened to Elliott. We want to know how long the Conservative Party had concerns and why nothing was done to keep young people safe. If this is happening to young activists we don’t want anyone else to suffer in this way.”

He later added:

“You think of a party having the same agenda. But there’s uncontrolled factionalism within with people fighting each other for pole position. Elliott was an idealist, but he found himself in a snake pit. He felt like his career prospects were gone. He lived for politics and political journalism. He was dedicated, he was tenacious.”

Elliott Johnson had worked for campaign group Conservative Way Forward after his time Nottingham University, moving to Tooting in London to take up paid work with the group.

Anyone feeling depressed or suicidal can call the Samaritans on 08457 909 090 or email jo@samaritans.org for immediate and confidential support and guidance.

Image Credit – Elliott Johnson via his Twitter account

Two-thirds of Britons believe David Cameron stuck his dick in a dead pig

Some 66 percent of Britons believe the allegation that David Cameron put his dick into a dead pig’s mouth as part of an Oxford society initiation ritual.

A poll by YouGov revealed that 36 percent believed allegations of drug taking and “unseemly initiation rites” put forward in Call Me Dave, a biography by Tory peer Michael Ashcroft and former Sunday Times journalist Isabel Oakeshott, but did not attach importance to them.

Meanwhile 30 percent believed the allegations and thought that they did matter.

David Cameron drugs and pigs poll by YouGov

Source: YouGov

Tory apologists have sought to downplay the likelihood of the claim, with many seeing it as a smear from Ashcroft who is believed to have felt snubbed after he bailed the Conservative party out of debt and was only offered a junior government role by Cameron.

Whilst the swine claim is merely disgusting, Cameron’s alleged drug-taking would contrast with his own prohibitionist stance on drugs, with the Tories having laid out plans to ban legal highs since their victory in the May general election.

YouGov did not quiz Brits on the rather more serious allegation that Cameron falsely denied knowledge of Ashcroft’s non-domicile tax status in the run up to the 2010 general election.

Further allegations are set to be made this week as the Daily Mail continues its serialisation of Call Me Dave, which is out at the start of October.

Image Credit – Pig, March 2008 by Le Vent Le Cri