Added: 3 years ago
From: kenrg
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  • Thank you for this.

  • 2:35 to skip to the song

  • worker. You are still making money on the job to sing it, but yet you don't have to pay time warner since it's not televisied.

  • I was watching Operation Repo on Tru Tv the other day, and they were about to sing the happy birthday song to one of their tow truck drivers, but they put the bar at the bottom of the tv screen, which read due to such and such licensing agreements, we are sorry but we can't air the happ birthday song. I mean it's ridiculous. You know their singing it behind the bleeping and the censorship. The same concept would be if you are singing happy birthday at work to your co

  • Interestingly, Time Warner no longer holds any interest in the Warner Music Group, which is who owns the copyright. Despite the name. So TW has no connection to "Happy Birthday To You" anymore.

    See the wikipedia page for "Warner Music Group."

  • The tricky part for time-warner would be finding the videos with their song (happy birthday) since you aren't using any music or audio they can't rely on file data/codes to find it, and if you just labeled the video something besides happy birthday I'd say it would be very hard for time warner to enforce it, does anyone agree with me?

  • What on earth are you babbling on about? ... haha

  • Isn't using the happy birthday song on youtube fair use?

    Evan

  • I'm just finding thid out because my friend upploaded a vid of her disters 16th birthday and it got muted and he does not know why, now I know WTF

  • Im gonna use it in my friends Bday vid, Except that last part about time-Warner.

  • @kenrg is that haarp in the intro

  • In Canada, it went public domain since 1985. It will in European Union in 2016 and US in 2030. Only the lyrics are copyrighted. Those capitalist bastards can't even take a break. It's even mentioned in Sports Night.

    "For He's a Jolly Good Fellow" is often substituted in fiction.

  • That was beast!!!

  • boah! halt die fresse alder!!!

  • I think on the anniversary of TW's founding and all the mergers and assimilations along the way we should send them a copy of a new Happy Birthday song, until they say UNCLE.

    In fact we should listen to all their discography and make notations as to the contents and topics and write songs of equal length so that they might precisely replace the whole album, could even do the same for the cover art.

  • wow ki have never seen or herd enything like that

  • Wow that was the stupidest thing i've ever seen.... What a waste of 2 minutes of my life!

  • FUCKING HAPPY BIRTHDAY IS OWNED BY SOME GREEDY ASS BAND OF MOTHERFUCKERS! HOLY SWEET SHITTERDS!

    "Happy Birthday to you,happy birthday to you," Ding! Police interrupt and ring the doorbell.You open the door,and they say something about copy right,handing you a letter.You read it:it says you are required to pay royalties for using Time Warner's Happy Birthday.

    Culture is not industry.Culture is not a money-making tool.Culture is the way of a people.

    Time warner should know that.

  • unfunny baby boomer.

  • Fucking capitalists... they always want to cash out on things that they know they're gonna get money from... oh well

    also, it's my birthday today, so yeah.

  • If we can get most people in the world to use this song instead of Time Warnes song, we can piss them off real good =D

    then every other company will start thinking differently

  • Cut the Crap and SING!!! >:O

  • gay

  • hey just so you know only the lyrics are copyrighted. The acutaly melody came from "good morning to you" which is in the pulib domain. so if you wanted to you could sing different lyrics but use the same melody.

  • l-o-frikin -l

  • lol, cool song.

    Ya, i know about that copyright thing. Its kinda unfair

  • waaait... your a partner... but that intro clip in the background does not belong to you... hmmmmm

  • Perfect!!

  • I heard back in the '80's or '90's Paul McCartney bought the rights to "Happy Birthday To You" because it had recently come back into the public domain. I'm assuming this song is the same as what we in the U.S. call "the birthday song", but maybe it isn't. Or maybe he just owns the rights for certain parts of the world, excluding the U.S. The real point to my mentioning all this is that if Sir Paul owns it, he probably won't go after you, unlike Time Warner. :)

  • That's a different Birthday Song written by Lennon/McCartney, so he bought Lennon's and Publisher's rights!

    Today publishers have more rights than the writers. Many songs have multiple rights holders. Like Rihanna's "Take a Bow". UMG has limited Distribution rights only. Starwars Productions UK wrote/produced it throuh EMI Publishing w/ just 25%, Zomba Publishers own 50% and Sony ATV Publishing owns the final25%. So the writers only get a small portion of the Royalties going to EMI. (P1)

  • Sony ATV is now claiming Take a Bow rights on YouTubers & could collect/sue them for per view fees = Million views = 1000 of $. They're now placing ads instead. But if they want to be Greedy, YouTube will become a ghost town called BoobTube and Babies will be sued for babling googoo gaga Happy Birthday! In they are now now!

  • Just because something has an official copyright doesn't mean that it correct. The melody alone is public domain, and the melody with the lyrics should be public domain because it can be proven that they were published before 1922, but I guess it would too expensive to go up against all of Time Warner's lawyers. This is just a corporate shakedown for the use of a melody that belongs to us all.

  • lol and i watched the whole video waiting for a song still at 2:51 sec lol

  • douchehole

    btw just curious are u an amateur astronomer?

  • .....Why the fuck is something so simple....so original that time warner puts a copy right claim on a song that EVERYBODY KNOWS in heart...plus Happy Birthday mustive been a song invented LONG BEFORE TIME WARNER CAME AROUND....BULL SHIT

  • Looks like we'll have to make our own music!

  • You know big words/

  • another symbol of Corporate Greed.. right there with you!

  • GREAT VIDEO !!! great way to saying your point. And THANKS , in name of the ALL the world, for giving us a birthday song we can actually sing with no fear !!!

  • Relates very closely to some of my video's copyright takeover. It is one hell of a job to handle these situation's properly and it's all because of "Viacom" <-(Hope they don't sue me for righting their name)trying to get money of the poor entertainer's. Your video is awsome.

  • Funny video. It may be the only appropriate response to our ridiculously litigious culture. Screw them all.

  • Yep, screw 'em all (but start with Time Warner)! Thanks.

  • have they ever used their power and actually fined an individual for singing it in pubic yet?

  • No, only "public performances." But, with the way the major entertainment companies have been filing DMCA notices against individuals on YouTube (they consider YouTube to be public performances) it could happen!

  • @jojo808

    Girl Scouts. They went after the Girl Scouts.

  • BRAVO!!!!!!!!

  • Thanks!

  • Fuckin A !

    Way to go Ken!

    Just ad to your description "I give this song to the public domain" and everyone is covered.

    I also did a new birthday song watch?v=V6wBCYbtt9I but I forgot to put in the "screw time warner" part. I did give it to the public domain though.

    Oh and FUCK YOU TIME WARNER!!! MUUUHAHahhahahaha

  • Yes, but screw them in a respectful and proper way that doesn't result in any legal action against me.

  • Lol I put this video up in my video log or some window thing on my front page. I see you play guitar better than I do :)

  • That was great - I think you made a good point with how easily someone could unintentionally dmc themselves and the Happy Birthday reality (as well as a horrible singing voice) is the reason why I never use the happy birthday song in videos.

    I believe a great man once said... "Screw Time Warner"

  • Thanks for catching the point, that this is not just about the Birthday song, but a jab at all copyright bozos. Yeah, screw 'em!

  • Copyright has always been an annoying point for me - its not the same world that it was 30 years ago, the royalty thing needs to be gone over and made more practical.

  • If I create "Happy Birthday", but it copyright

    by Time Warner. I don't care if they sue me, I will brave my soul, they can't stomp me!

    I will not paying their fines. I rather

    in prison!

  • lol...oh, Ken, don't cry the blues when this ditty goes global and you can't make a dime! or better yet, cry the blues and copywrite That ;)

  • I hope it does go global! I'd gladly trade any royalties for the joy of knowing that I've made birthdays happy across the world (and made Time-Warner pissed off). Thanks!

  • I'll spread the word ;)

  • Thank you so much, ken!!! I am going to use this sentimental ditty every chance I get :)

  • That's what it's here for - Glad I could be of service ;^)

  • me too!

  • Hahaha! What a perfect ending ;D

  • Obviously you do not have any Time-Warner stock in your portfolio ;^)

  • lol, very good

  • Thank you!

  • HAHA! Excellent!

  • Thanks!

  • Damnit kenrg, I wanted to do that intro.

    Good song though, screw time warner indeed.

  • PappyStu did the intro for me - It's good to have friends with access to power plants ;^)

    And, yeah, Screw Time-Warner!

  • I hope beyond hope someone from Cracker Barrel Old Country Restaurants watched your video.

    I am sitting at my table relaxed enjoying my meal when all of a sudden all the waters and waitresses gather around a table beside me and start singing "Happy Birthday".

    They being a company listed on the exchange probably have an agreement with TIME, although they do sing it slightly different.

    If you think the copyright laws are tough check out the power of Broadcast Music Incorporated (BMI).

  • Oh, yeah. Time-Warner may own the song, but it's the muscle at ASCAP who collect the royalties for them. ASCAP, BMI, PRS... don't mess with those f***ers! (And, yeah, most large food chains pay each of the publishing rights organizations big bucks monthly for blanket coverage.)

  • If you sung the song in a video where you also discussed the copyright claims on it by Time Warner wouldn't that constitute fair use?

  • Interesting - To you or I it would be fair use, but to the T-W lawyers, probably not, and which of us has the resources to fight them in court? Fair use is only fair use if you can afford to fight the bozos on their turf.

  • Ha Ha Ha You have such pent up talent! It's good to see you get it out of your system! Give up your day job! Take the Turkeys on the road and enjoy life!

  • If you say so - I'm quittin' today!

  • And many tiiiimes!

  • 8^)

  • As I sang it to my kids!

    Happy Birthday Boo Boo

    Happy Birthday Boo Boo

    Happy Birthday Dear Boo Boo

    Happy Birthday Boo Boo

    Am I in trouble with Time Warner and Hanna Barbera?

  • Oh no! A double lawsuit! Run!!!

  • Are you serious?? They really copyrighted it... Wow.. fools.. Nice one ken ;)

  • They acquired the copyright through a number of mergers and such, and they do make money off of it, amazingly enough.

  • Wow, I didn't know that! But after I read that some douches patented genes thought to cause breast cancer, I guess I'll believe anything :o

    Thanks for the links.

  • The links are the main purpose for the vlog - some very interesting reading!

  • lol! you are the funniest mad scientist i know!

  • Thank you very much!

  • hmmm.. i find it intriging how you keep chipping away at this copyright issue.peace

    tara

  • Who me? Political? Well not on purpose ;^)

  • hahahahhaha!!! Good one, Love it! Yes, I noticed a long time ago when Nalts couldn't sing or say Happy Birthday when he became a Partner. Shame they would squabble over an everyday song as simple as Happy birthday. I'd like to see them try, would make great headliners

  • I doubt they'd actually go after anybody for a vlog, but they do regularly collect for uses in movies, tv shows, etc. - and they will sue to make those collections.

  • Yeah but have they actually tried to sue a partner yet? As some do sing it. I don't think I heard anything. Like I said, would make great headliners hey. "Youtube vlogger gets sued for singing Happy Birthday" lol I think if you take off monotization it's ok?

  • I don't know, but I ain't taking any chances ;^)

  • I'm not taking any either... Not yet lol And I haven't even applied yet. I Still have to be good

  • lol...I will request this version on my birthday! The copyright waters are muddy ones, aren't they...and HBD is a perfect example of the silliness of much of these types of "infringements"

    hmmmm, I think CaptainFury could come up with an interesting version as well...*note to self*

    thanks ken! :)

  • I look forward to your birthday video ;^)

    Thanks!

  • Love it!

  • Thanks!

  • What was it Frank Zappa used to say about Warner Brothers? My favourite moment was when he was describing the parts of a toy poodle to a Halloween audience, and he pointed to the place right under the tail and said, "And this place is Burbank." [home of warner Brothers in those days]

  • That's a great Burbank joke, even without the WB reference (Burbank is also home to Disney, NBC, and others). More movies are produced in Burbank than in any other city in the world, yet for years there was not one movie theater. But, anyway, I knew you'd somehow find a Zappa reference in here somewhere.

  • I always do! I now know more about Frank's life than I do about my own!

  • i read (in a bill bryson book) that there

    are NO movie studios in hollywood.

    there was one in the very early days,

    but the local farmers did not want loutish

    actors lazing around their intersection,

    so they passed an ordinance barring movie studios.

    is this true?

  • I'm pretty sure Paramount is technically in Hollywood as is the former RKO and Hollywood General (was Zoetrope for a while), etc. There's plenty in Hollywood, but Burbank was the quieter and busier neighbor.

  • haha good old bill bryson.

    about as reliable as the internets.

    but less compelling. no pr0n!!

    (ed note: I LIKE BILL'S BOOKS).

  • Happy Birthday is Copyrighted :( What the hell. Thats just messed up.

  • Messed up is right. But now there's an alternative! (You're welcome).

  • thanks for the alternative!

  • I am going to insist that this is sung at every birthday party from now on.

  • I hope you do!

  • fuck yeah!

  • That's right!

  • Wow, I didn't know the fact about the birthday song, but thanks for making a birthday song!

  • World peace begins with happy birthdays; I'm just doing my part ;^)

  • Ohhh, you snake!!

    I can see right through you and your evil plan!!

    You wait a few years for this song to become world famous. (obviously it will...) Then you slap everyone with countless lawsuits and collect millions in royalties!!!

    I will have nothing to do with it!!!

  • Darn, my even plan has been thwarted! Who was that masked vlogger?

  • What a crock of Sh*t this copyright thingy is, somebody always wants paying for something!(Except you of course!)

  • That's right, except me. I'm very generous like that ;^)

  • this will work out great for my friends birthday, I am going to get an orchestra to perform this song outside his offices. oh by the way he works at time warner.

  • I will look for the video of this performance on you channel!

  • Ironically, my cable and internet is through Time-Warner....so really, they're getting their payolla for it anyway. Greedy bastards.

  • They better not have over-heard you saying that or the next thing you know all your cable stations will be playing nothing but Facts of Life reruns...

  • OMG, THAT WOULD BE SO AWESOME!!!

    Tootie was my favorite.

    :-D

  • Great commentary, and very informative. Who'd have thought?

  • Just doing my job to inform the public. It's a public service, really.

  • Cheerful indead :D

  • Think it will translate well to German?

  • Hahaha wow am I late on checking comments...

    Yes. Yes it will. Although the message seems to be just as universal to have everybody understand it, no matter what language.

  • Haha! You DO like to poke at the copy-right issues don't you? I'm sure it'll catch on!

  • I love copyright. I collect book royalties every month (meager as they are). What I have little patience for are corporate bozos who abuse the law and do their best to destroy the public cultural commons and erase any concept of fair use. Other than that, I'm fine with copyright!

  • Good point, and more what I meant. I'd agree with you there. Speaking of book royalties, I'm reading your book right now... not this exact moment but I've had it for a few days and have read a lot of it already. I'm liking the stories... but man, did you ever learn the concept of the HAPPY ending? Haha I'd have read the whole thing straight through, but I didn't think I had the emotional strength. ;-)

  • Well, I put that collection together around my 40th birthday. I'm feeling much better now, thank you ;^)

    Actually, the book I get regular royalties on is the very exciting Introduction to Fund Development Planning (for nonprofits). Woohoo!

  • The good news is that I'll be able to sing Happy Birthday in a restaurant here in the UK in 8 years, as the copyright outside the US expire 70 years after the author's death, which should mean 2016. Whew. Not long now.

    Until then, I'll use your little ditty - should catch on. Of course there will be the translations.....

  • Well, if I can help in any way to bring world peace around the birthday copyright issue, even for only 8 years, I will consider myself very successful indeed. Thank you.

  • haha good one! i would expand the last

    line so it's the whole song.

    oh, maybe leave one line wishing

    someone a happy birthday.

    why doesn't time-warner just

    TM the phrase "happy birthday"?

  • I'm sure they've tried trademarking "happy birthday" but Hallmark put up a fight ;^)

  • Let them come try to collect... I have some fecal matter for them....

    he he he

  • Watch out, they're coming for you now!

  • Good I need a good fight to be a martyr for...

    I can be the good bad guy like Bob in "The Edge"

    Though I prefered Charles' character.... and even Bart the bear's

  • thanks for that ken - i'll make sure to use it from now on and 'screw time warner' next birthday!!! :)

  • I'll be looking forward to your performance of it!

  • LOL...love the ending. I didn't like that aol and time-warner merger. Troubling. I like the idea of Microsoft getting Yahoo. Google got the tube. It's fair.

  • My problems with Warner started long before AOL joined the gang, back when Warner Communications merged with Time-Life to form Time-Warner. That's when they lost whatever corporate heart they may have once had. But that's my personal vendetta...

  • woe to Time-Warner

  • That's right, I'm taking them down with this one three-minute video!

  • The last line of those lyrics are my favorite, YAY!

    A buddy of mine who works for WB told me they've actually won lawsuits over just the use of the melody WITHOUT the lyrics - because of the implied meaning or something like that.

    Just freakin' bizarre!

  • Absolutely, the tune is even more important than the lyrics in this case. The lyrics are just "happy birthday to you" repeated over and over, hard to enforce a copyright on a phrase like that. Oh, wait a second, there's some black vans pulling into the driveway and some guys with badges knocking on my door...

  • Excellent! let's screw the bastards out of their royalty complaints! ;~}

  • I have no problem with living composers and writers collecting royalties, or even the estates of those who are recently deceased, but 100+ year old songs with questionable authorship and long-dead writers is going a bit far.

  • It's rather like taking a 150 old folk song and declaring copyright. It would also be wiser for a corporation to decide that for "good will" to let a song like this go...their point of course is "ya let one go then they think they can All do it!"

  • Not sure if you were aware of it or not, Ken, but this past Saturday was Father Time and Kurt Warner's birthday. They had a birthday party and I sang your song. They didn't like it but everyone else cracked up.

  • How old is Kurt now? He's got to be at least 87 if he's a day. Sorry I couldn't make the party.

  • Ahh - a stipulation I wasn't aware of. Thanks for sharing Ken...upon investigating further seems Warner has GIVEN their artists the op to opt out if they do not want their stuff on you tube ... the whole reading can be found here....

    hmmm - interesting! Apparently the stuff I have posted the artist has opted in for. lol.

    but at least they are allowing it if the artist agrees.

  • Right, that's what I was talking about (maybe I'm not crazy after all). But without a list of who has opted out or in, we take our chances with these agreements. I'm pretty sure the EMI deal is the same (artists can opt out). Now, on the Birthday song, the composer is long dead, so little chance of her opting out, but the point of the vlog was just to bring attention to copyright issues. Thanks!

  • I like that! There must also be plenty of xmas songs with similar copyright restrictions... I'd imagine.

  • I'm sure - Hmmm... that gives me some ideas on holiday videos for next year...

  • Brilliant!

  • Thanks!

  • LOL!

  • Glad you enjoyed!

  • laughing my @ss off !!!!!

  • Thanks!

  • this is ridiculous u cant sing happy birthday? what is the world coming 2

  • To modern capitalism, the individual ownership of everything, profit being the motivation of legal persons and to a general lack of not caring about such femtosecundae. Didn't you notice? I blame it on the illegalization of hemp. Hemp for sanity!

  • I'm not sure I catch the link between hemp and copyright, but I'll go along with you for the ride anyway! Hemp for Sanity!

  • It's a pet theory of mine. Being raised in a society of competition and a standard of normality creates pressure on the individuals psyche, creating neurosis, which, having an unfulfilled desire for a secured existence, leads to a craving for strict rules, resulting in an even more stifling framework for people to get crazy in. Having lots of people chill out on weed, putting the societal framework into context of life's constants (i.e. finite life and the undesirability of constant competition)

  • might break this vicious cycle; i.e. people might realize that the early needs for copyright are just not applicable anymore in todays society, especially as it is not the composers/writers anymore who hold these rights that once were created to funnel money from the people owning the printing press to them, but these copiers that now aren't even people anymore but abstract entities. But it takes a relaxed step back to think of reimplementing these yesterdays good ideas.

    Thus, hemp for sanity.

  • You can sing it in the privacy of your own home, but not a "public performance" (including a video or in a restaurant, etc.). What's the world coming to? All private property that's owned by one of a half-dozen corporations, and no "public commons" where the community rules.

  • well then alot of reasturants in my town should be sued for copyright infringment

  • Most restaurants that regularly have music already have agreements in place with BMI, ASCAP, etc., so they're covered. You'll also notice a lot of restaurant chains have their own birthday songs so that they don't have to pay. And, yeah, a lot of others just don't care and could be busted!

  • Really like that electrifying intro ken. I can't believe that Time-Warner would be that greedy to want the Happy Birthday Song to be copyrighted. Hey Time-Warner, why don't you just make the damn song public domain instead of insisting on being such corporate killjoys? It's enough to make me want to divest myself from anything related to Time-Warner -- and come to think it, I think I will.

    Nice song Ken, but it's just not quite the same.

  • Well, maybe if enough people complain about my song being too lame we can force Time-Warner to release their copyright 30 years ahead of schedule. Either way I win ;^)

  • Sounds like an excellent plan ken.

    And your song wasn't THAT lame...

  • LOL, surprise ending - cool!

  • The surprise will be if I don't get sued ;^)

  • MIKMA WAS HERE

  • Honored!

  • Haha! An instant classic, Ken!

  • Thank you!

  • Yes but since Warner Communications is a PARTNER with YouTube - you are free to use any Warner material! :D The glitch is they get a nice little icon on your video page. Sony/BMI same...EMI same.

  • Not as true as you would think - or I thought. My one DMCA complaint was from a Warner artist. The agreements YT has are worthless since they allow any individual artist, writer, whatever, to opt out of the agreement.

  • Not as true as YOU may think and has been confirmed by Big Joe Smith. I have used 3 videos with Warner clips and they are all marked allowed - you still get the copyright notice - but it says allowed - do nothing. And the icon is posted on your video page at the bottom. Being in television - I KNOW that ANY artist signed with Warner - Warner owns the copyright to their music!

  • Well, my video was removed at the request of the artist, and I know others who've also had problems with artists on "approved" labels. Yes, there are agreements, but there are some exceptions - and without a definitive list of exceptions, you take a chance with any copyrighted materials.