Thursday, September 24, 2015

Happy Birthday Copyright Lawsuit

When it comes to copyright law you can never be too careful and some major corporations are now learning that the hard way. A Federal Judge in Los Angeles recently declared that the copyright claim to "Happy Birthday to You" was invalid and now Warner/Chappell, the company who claimed the rights to the lyrics, may have to pay back decades of royalties paid for the licensing use of the lyrics as the suit is now a class-action lawsuit. They will have to pay back all the fees from at least 1988 which is when Warner Music bought Birch Tree Group, who supposedly owned the rights at that point, but they may have to pay back fees from all the back to 1935. To better understand everything it's best to look at the history of the song.

The original melody was written in 1893 by sisters Mildred J. Hill and Patty Smith Hill and was called "Good Morning to All". The sisters eventually cut a publishing deal with Clayton F Summy Co. and released a songbook called "Song Stories for the Kindergarten" which included the song. Clayton F Summy Co. filed a copyright in 1935 but this is where the dispute begins. Warner Music claims that this 1935 copyright included the lyrics to "Happy Birthday to You" but the judge ruled that the 1935 copyright was only for the melody, which has already been in public domain for decades. The judge said that it isn't clear whether the sisters actually wrote the lyrics for "Happy Birthday to You" but it is certain they never filed a copyright claim to the lyrics. Even more, the judge ruled that there is no evidence that Clayton F Summy Co. ever obtained the rights to lyrics from whomever wrote them.

What's really interesting is this doesn't officially put the lyrics in public domain. If someone were able to prove they owned the rights to the lyrics, which is very unlikely, or descendants of the Hill sisters came forward with more information then they would have a copyright claim to the song and could stand to gain a lot of money. Quite unfortunately for Warner/Chappell they will end up paying the most for this as they make millions a year from royalties from the song. Warner/Chappell also give one-third of the profits from licensing the song to the Association of Childhood Education International, a designated charity of the Hill family. In 2012 the charity's tax return showed it received $754,108 in royalties. Plaintiffs coming forward are claiming Warner charged them from $1500 to $5000 per use of the song.

The lawsuit came about when documentary filmmaker Jennifer Nelson was working on a film about the origins of the song and was told she would have to pay Warner $1500 to use the song in the film. Nelson filed a putative class action suit in federal court for the Southern District of New York against Warner/Chappell. A week later a similar case was filed against Warner in California and Nelson eventually decided to refile her suit in California as well. Through her extensive knowledge and research about the history of the song Nelson and her attorneys proved that Warner held no copyright claim. A 1922 songbook published by the Hill sisters had a version of "Good Morning and Happy Birthday" with a line right under the title saying "Special permission through courtesy of The Clayton F Summy Co" which proves that the Hill sisters didn't own the rights to the lyrics and that they were published without a valid copyright because there was no copyright filed for the lyrics. Now Nelson's lawyers and producers of the film are working to file a class-action lawsuit that could cost Warner an estimated $50 million and unless a new copyright holder is declared the lyrics will become part of public domain and could be used by anyone without having to pay any license fees. 

Sunday, September 6, 2015

My Top 10 Albums According to Last.fm Charts

For those who like to audioscrobble and track their music on last.fm you may have noticed an upgrade to a beta version of their new website. One of the new features, or at least something I didn't know they had before, is a ranking of top albums based on how much you've listened to songs from each album. Having used the website since 2005 (holy shit, i've been tracking my music for a decade!) I thought it was pretty interesting how my top 10 albums had a range of music I used to listen to all the time and my new favorites. So I figured I would post my top 10 albums according to my audioscrobbles from the past decade.

10. Blowout - The So So Glos


The So So Glos have been a band since brothers Alex and Ryan met their future step-brother Zach in kindergarten. In 2007 they met Matt and officially became The So So Glos. They became a staple in the New York music community after helping found multiple d.i.y. venues in Brooklyn. They've released multiple albums throughout the years but Blowout (2014) has become a real home-run for them, helping build a large fanbase across the country and even landing them a spot on The Late Show with David Letterman. Blowout is packed full of energetic and catchy songs like "Son of An American" and "Wrecking Ball" The album also features punk songs with a groovy twist that just make you want to move. After listening to this album for almost a year I was able to see them in concert and they did not disappoint.

9. This Was Built To Make You Dance - Secret Lives! of The Freemasons

This is an album I haven't listened to much in years (partially because it isn't on Spotify) and is mainly on the list because of how much I listened to it back in the day (mostly 2006-2008). Secret Lives of The Freemasons was a band from Asheville, North Carolina that mixed emo and hard-core to become what was known as emo-core. This Was Built To Make You Dance (2005) was their first major release and eventually got them on Victory Records where they released Weekend Warriors (2008) but then they seemed to disappear. I still enjoy this album and recently found a band with a very similar style called Uh-Huh Baby Yeah from Kentucky whose singer is actually related to one of the members of Secret Lives.

8. Chroma - Cartel

Cartel is a punk band from Georgia who formed in 2003. I first learned about them when I saw them on tour for their debut release The Ransom EP (2004) and was hooked. A super energetic band with catchy songs and hooks that get stuck in your head for days. Less than a year later they released their debut album Chroma (2005) which featured a few remakes of songs from The Ransom but really took off from the featured single "Honestly". MTV featured "Honestly" on Discover and Download in the summer of 2006 and led to Cartel doing the show "Band In A Bubble" where they had to live in a 'bubble' on a pier in New York and write a new album. They released a bunch of albums after that as well but nothing has seemed to come close to Chroma. Cartel just did a 10 year anniversary tour for Chroma, rereleased it on Vinyl, and just last month received a Gold Certification from the RIAA for "Honestly".

7. Tenacious D - Tenacious D

It doesn't surprise me much that this album is in the top 10 as it was one I enjoyed a lot throughout my youth and then rediscovered in college and then rediscovered as a young adult. The musical composition is absolutely amazing, the songs are hilarious, the skits are hilarious, and even though it kind of feels like an album I shouldn't enjoy that much when I'm almost hitting 30 I still love listening to it from beginning to end.

6. Take Off Your Pants and Jacket - Blink 182

As a someone who grew up in the 90s and enjoyed pop-punk Blink 182 is one of those bands who really stick out. I learned about them the way many of the kids my age did...MTV. By the time they released Take Off Your Pants and Jacket (2001) I was already a huge fan, voted for them on TRL, and was instantly addicted to the new album. As I've grown older I've really learned to love this album because I can relate to a lot of the content in the songs, maybe because I'm now about the age they were when they wrote the album. As a drummer this is my favorite album to drum to and if I could have scrobbled all the times I drummed to these songs this album could possibly be number one on this list.

5. The Minstrel Show - Little Brother

This album is a big out-liar on this list, not only because it's the only hip-hop album on the list but it's the only one I'm truly surprised that it made the top ten. If any hip-hop album made the top ten I would have guessed Ready To Die by Notorious B.I.G., which ended up making 14th on the list. While there are a few other albums I haven't listened to much in years that are on this list this album is one I have barely listened to at all in last the 5 years. Not that this album isn't good, it's absolutely great, and it's on the list because of how much I listened to it from 2005-2009. The Minstrel Show (2005) was the last album 9th Wonder did as part of Little Brother before he left to pursue a solo career and then Little Brother soon became defunct after they fulfilled a contractual clause to their label for another album.

4. You're Gonna Miss It All - Modern Baseball

Modern Baseball is a band out of Philly who is part of the new wave of emo that seems to really be taking off. They formed in 2011 and released an EP by the end of that same year and then released Sports (2012) the next year. You're Gonna Miss It All (2014) was released right before they went on tour with The Wonder Years, quickly gaining a huge fanbase and putting their album at 97 on the US Billboard 200. The songs on the album are catchy, fun to sing, and most importantly relatable. Brendan and Jacob, the main singers and songwriters for the band, have a way of putting mundane real life situations into poetic lyrics that ring perfectly for those who have felt the same way. With lines like "Trying hard not to look like I'm trying that hard, failing miserably at everything including that", they have a way of making unforgettable quotes you just want to scream back at them at a live show. I still have yet to see them live but hopefully that day will come.

3. Gutter Phenomenon - Every Time I Die

Every Time I Die was a band I didn't enjoy that much until I saw them at Warped Tour and then I couldn't get enough. I often consider them one of the main bands that got me into the hardcore/metalcore scene. Gutter Phenomenon (2005) was the band's fourth release and third full-length out of eight total releases but stands out among the rest for me. This album has some of their most iconic songs including The New Black which was one of the Guitar Hero games. It's the perfect album to get pumped up and get the adrenaline flowing.

2. Talon of The Hawk - The Front Bottoms

The Front Bottoms are one of the very few bands I love that I learned about from hearing them on the radio, although it wasn't mainstream radio (yay independent college radio stations). The band formed in 2007 and spent years playing locally throughout New Jersey and touring when possible. They gained larger exposure when they put a music video of their song "Maps" on youtube and then signed to a label the next year. Their song "Au Revoir" was the first one I heard and I was instantly intrigued by them, looking them up as soon as I got home. They are another band from the new wave of emo and have very catchy poetic songs, often leaning towards an indie vibe. I listened to Talon Of The Hawk (2013) from beginning to end for months and now it is a staple in my playlist mix. I had the chance to see them live after a year of listening to the album and they put on a great show.

1. Apocalypse In Increments - Ryans Hope

Ryans Hope is somewhat of an underground 3-piece band from Joliet, Illinois who started in 2000 and then became The Reagonomics in 2008, although they are known to play Ryans Hope shows from time to time. Their unique mix of punk and metal creates an amazing blend of energetic riffs and hard-hitting drums all led by Terry Morrow whose catchy lyrics and fast-paced guitar licks bring it all to a whole new level. Apocalypse In Increments (2006) is their second full-length and packed full of unforgettable songs. I first found them when I went to a random house show in the backwoods of North Carolina in the summer of 2006 and they absolutely blew the roof off the place. I saw them a few more times after that and even booked them a couple of those times. This album stands at number one because it's an album I see myself listening to for years and have consistently listened to since I first saw them.

And just for fun here are the next 10 that make my top 20

11. Commit This To Memory - Motion City Soundtrack
12. Enema of The State - Blink 182
13. ...Is A Real Boy - Say Anything
14. Ready To Die - Notorious B.I.G.
15. Bon Appitite .... Bitch!!! - Action Bronson
16. Sports - Modern Baseball
17. Keep It Together - Guster
18. Louder Now - Taking Back Sunday
19. Catalyst - New Found Glory
20. Ganging Up On The Sun - Guster