Rupa Marya v. Warner Chappell Music Inc

Filing 264

OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Amended Complaint, 95 Notice of Motion and Motion for Leave to Amend and File Fifth Amended Complaint 258 /Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 2 Exhibit 1 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 3 Exhibit 2 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 4 Exhibit 3 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 5 Exhibit 4 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 6 Exhibit 5 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 7 Exhibit 6 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 8 Exhibit 7 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 9 Exhibit 8 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 10 Exhibit 9 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 11 Exhibit 10 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 12 Exhibit 11 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint)(Klaus, Kelly)

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Copyright and the World's Most Popular Song

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By Urs Gasser

Robert Brauneis

George Washington University - Law School
October 14, 2010

56 Journal of the Copyright Society of the U.S.A. 335 (2009)
GWU Legal Studies Research Paper No. 392

Paper comments

Abstract:     
"Happy Birthday to You" is the best-known and most frequently sung song in the world. Many - including Justice
Breyer in his dissent in Eldred v. Ashcroft - have portrayed it as an unoriginal work that is hardly worthy of
copyright protection, but nonetheless remains under copyright. Yet close historical scrutiny reveals both of those
assumptions to be false. The song that became "Happy Birthday to You," originally written with different lyrics as
"Good Morning to All," was the product of intense creative labor, undertaken with copyright protection in mind.
However, it is almost certainly no longer under copyright, due to a lack of evidence about who wrote the words;
defective copyright notice; and a failure to file a proper renewal application.
The falsity of the standard story about the song demonstrates the dangers of relying on anecdotes without
thorough research and analysis. It also reveals collective action barriers to mounting challenges to copyright
validity: the song generates an estimated $2 million per year, and yet no one has ever sought adjudication of the
validity of its copyright. Finally, the true story of the song demonstrates that a long, unitary copyright term
requires changes in copyright doctrine and administration. With such a term, copyright law needs a doctrine like
adverse possession to clear title and protect expectations generated when, as with this song, putative owners do
not challenge distribution of unauthorized copies for more than 20 years. And Copyright Office recordkeeping
policy, which currently calls for discarding correspondence after 20 years and most registration denials and
deposits after five years, must be improved to facilitate resolution of disputes involving older works.
Over two hundred unpublished documents found in six archives across the United States have been made
available on a website that will serve as an online appendix to this article.
Number of Pages in PDF File: 69
Keywords: Copyright, Copyright Notice, Copyright Renewal, Authorship, Collective Action, Copyright Office,
Anecdotes, Happy Birthday to You, Prescription, Adverse Possession, Copyright History

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JEL Classification: K19, K20

Date posted: March 21, 2008 ; Last revised: July 5, 2013

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Suggested Citation
Brauneis, Robert, Copyright and the World's Most Popular Song (October 14, 2010). 56 Journal of the
Copyright Society of the U.S.A. 335 (2009) ; GWU Legal Studies Research Paper No. 392. Available at
SSRN: http://ssrn.com/abstract=1111624 or http://dx.doi.org/10.2139/ssrn.1111624

Contact Information
Robert Brauneis (Contact Author)
George Washington University - Law School ( email )
2000 H Street, N.W.

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Washington, DC 20052
United States

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