[Year 12 IPM] music copyright

Sun Nov 19 20:21:07 EST 2006

Sorry Charmaine if my attempt to lighten the debate with some humour may
have confused the issue. My students got a good giggle (and lesson) out of
it.

I agree, 'Happy Birthday' is copyright and sits in the same boat as other
commercial artists (ABBA etc). To perform or display this at a public
place (where
a substantial number of persons outside of a normal circle of a family and
its social acquaintances is gathered) can be a breach of copyright. You have
no problems singing Happy Birthday to your family at home. However, if you
sing this tune in an restaurant or park then you may be infringing copyright
unless you have worked out a deal in advance with MIPI (RIAA Australian
arm). Similarly on the Internet, we should pause to think before publishing
a family or school video file containing any portion or rendition of 'Happy
Birthday'.

Of course this is difficult to legislate. Intellectual property is a flawed
concept but hey, what are we to do or say about this.. :-)

Regards Roland

PS: We could still sing a royalty-free birthday song (beyond gospel or
hymn). Out there is probably a suitable copyleft version that we can all
sing without fear or prejudice .. any akers?

On 16/11/06, Charmaine Taylor <tigeroz at alphalink.com.au> wrote:
>
>  We need to be careful to not put out misinformation about these
> contentious issues. According to my reading of the Age report, singing, or
> even recording, Happy Birthday is not an offence but posting the recording
> onto a website may be an offence.
>
> Charmaine Taylor
> Sunbury Downs College
>
>
> Roland Gesthuizen wrote:
>
> An Age newspaper report
> <http://www.theage.com.au/news/phones--pdas/soon-recordings-will-be-a-crime/2006/11/14/1163266532880.html>has
> briefly discussedsome of the changes to Australian copyright legislation.
> Police would be able to go to a market, find people selling pirated CDs and
> issue fines on the spot.  Internet Industry Association has stated that
> these changes have gone too far and activities that could attract fines
> include playing a radio in the park or even recording a group of students
> singing a song then sharing it online. It is an interesting issue that can
> be discussed in the classroom.
>
> You need written permission from Time Warner<http://en.wikipedia.org/wiki/Time_Warner>to sing Happy Birthday, the copyright will expire
> in 2030 <http://plakboek.livejournal.com/55478.html> and if I am correct,
> there will be no fair-use provisions in the legislation as it is currently
> drafted. Singing Happy Birthday at a restaurant, a party or any gathering is
> considered to be a public performance, even humming the tune will become a
> criminal offense.
>
> When you sing Happy Birthday, close all the curtains and darken the room
> except perhaps for the light from a candle. Wear masks and hats to protect
> your identity, perhaps helium to disguise your voice. Making humorous
> additions and satirical modifications to the lyrics may provide further
> legal protection from prosecution. Of course it is best to not take the risk
> and enforce the singing public domain folk tunes and birthday melodies such
> as German volksleiders, hymns or gospel <http://ingeb.org/> in your
> classrooms.
>
> Perhaps it would be best if we all agree kept our mouths firmly shut?
>
> Regards Roland
>
> PS: My saxophone playing isnt great so perhaps nobody would recognise the
> tune ..
>
>
> On 05/11/06, Jeffrey Lynn <jslynn at optusnet.com.au > wrote:
> >
> > The copyright issue is legally quite clear: you can make one copy of a
> > computer program disk (CD or DVD) for backup purposes but it is illegal
> > to
> > copy music CDs or DVDs for any purpose. Technically, the copies of CDs I
> >
> > have in my car so I don't damage or lose my originals are quite illegal.
> > As
> > I have discussed with my students (and as Mark says), there is no logic
> > to
> > this, just law. However, the chances of my being prosecuted for having
> > such
> > copies are fairly remote - as the copies are not for resale,
> > redistribution,
> > or profit, the law is not too interested in wasting time and money
> > prosecuting. The real villains they are after are pirates churning out
> > illegal copies for sale and profit. That does not alter the fact that my
> > copies ARE illegal!
> >
> > Note too that the copyright laws are in the process of being changed and
> > are
> > expected to be enacted in 2007.
> >
> > Jeff Lynn,
> > Yeshivah/Beth Rivkah Colleges
> >
> >
> > -----Original Message-----
> > From: ipm-bounces at edulists.com.au [mailto: ipm-bounces at edulists.com.au]
> > On
> > Behalf Of Mark Kelly
> > Sent: Sunday, 5 November 2006 17:45
> > To: Year 12 Information Technology Processing and Management
> > Teachers'Mailing List
> > Subject: Re: [Year 12 IPM] music copyright
> >
> > Nick Axaris wrote:
> > > I was always under the understanding that you can make a copy of a
> > music
> > CD for backup purposes and not to share or sell it.
> > > There should be no issue copying a song for the purpose of a
> > presentation
> > as the student is not profiting or sharing that song with anyone else.
> > > When the presentation is over then the network manager can delete it
> > from
> > the network.
> > > Whilst on the network just ensure that it is only accesible by the
> > student.
> >
> > What is legal and what is logical is - as usual - mutually exclusive.
> >
> > --
> > Mark Kelly
> > McKinnon Secondary College
> >
> > _______________________________________________
> > http://www.edulists.com.au - FAQ, resources, subscribe, unsubscribe
> > IPM Mailing List kindly supported by
> > http://www.vcaa.vic.edu.au - Victorian Curriculum and Assessment
> > Authority
> > and
> > http://www.vitta.org.au  - VITTA Victorian Information Technology
> > Teachers
> > Association Inc
> >
> >
> > _______________________________________________
> > http://www.edulists.com.au - FAQ, resources, subscribe, unsubscribe
> > IPM Mailing List kindly supported by
> > http://www.vcaa.vic.edu.au - Victorian Curriculum and Assessment
> > Authority and
> > http://www.vitta.org.au  - VITTA Victorian Information Technology
> > Teachers Association Inc
> >
>
>
>
> --
> Roland Gesthuizen - ICT Coordinator - Westall Secondary College
> http://www.westallsc.vic.edu.au
>
> "Never doubt that a small group of thoughtful, committed citizens can
> change the world; indeed it is the only thing that ever has." --Margaret
> Mead _______________________________________________
>  http://www.edulists.com.au - FAQ, resources, subscribe, unsubscribe
> IPM Mailing List kindly supported by
>  http://www.vcaa.vic.edu.au - Victorian Curriculum and Assessment
> Authority and
>  http://www.vitta.org.au - VITTA Victorian Information Technology Teachers
> Association Inc
>
> _______________________________________________
>  http://www.edulists.com.au - FAQ, resources, subscribe, unsubscribe
> IPM Mailing List kindly supported by
>  http://www.vcaa.vic.edu.au - Victorian Curriculum and Assessment
> Authority and
>  http://www.vitta.org.au - VITTA Victorian Information Technology Teachers
> Association Inc
>

-- 
Roland Gesthuizen - ICT Coordinator - Westall Secondary College
http://www.westallsc.vic.edu.au

"Never doubt that a small group of thoughtful, committed citizens can change
the world; indeed it is the only thing that ever has." --Margaret Mead
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.edulists.com.au/pipermail/ipm/attachments/20061119/5cea9a65/attachment-0001.html