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Lawyers who won Happy Birthday copyright case sue over “We Shall Overcome”

159 points| walterbell | 10 years ago |arstechnica.com

50 comments

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[+] afarrell|10 years ago|reply
I am generally a fan of international trade. It is the force that has lifted billions of people out of extreme poverty.

I also believe it makes sense to have international IP protection to the degree that The IP metaphor actually promotes useful arts and sciences. But I am really displeased with the fact that the TPP makes the 70-year copyright term a (likely permanent) fixture of international law.

You can find the full text here: https://ustr.gov/trade-agreements/free-trade-agreements/tran...

The offending language is Article 18.63 within the Intellectual Property section.

[+] pessimizer|10 years ago|reply
How does protectionism lift people out of extreme poverty? I thought the consensus was that it was the lowering of tariffs that gradually did that, not the creation of new ones.
[+] informer2|10 years ago|reply
Stupid apologetic attempt of first world rulers.
[+] cookiemonsta|10 years ago|reply
Why don't people want copyright? Say you wrote a book. Why should other companies/other people be able to copy it just because a certain number of years has passed?
[+] Overtonwindow|10 years ago|reply
This is just another example of the disastrous copyright system in America. The whole thing needs overhaul. I hope there's a flood of similar lawsuits to constantly remind politicians of the idiocy of their resistance to reform.
[+] wiseleo|10 years ago|reply
Ah, so this is good news.

Headline should be adjusted to indicate that Happy Birthday became public domain thanks to their work.

[+] jrs235|10 years ago|reply
From my understanding, Happy Birthday isn't necessarily public domain, but rather the true owner's are unknown at this time until someone can come forward and claim ownership, and defend ownership in court. But it sounds like it will be very difficult for someone to successfully do and therefore, Happy Birthday is possibly public domain.
[+] pessimizer|10 years ago|reply
Cool - at this rate, 3498 years from now, I'll be able to sing songs that I've sung from the time I could speak in front of people without paying the great-grandchildren of someone who stole the copyright of somebody who learned the song from somebody he met busking, then eventually died in poverty 80 years ago, having been paid $25.
[+] nxzero|10 years ago|reply
Amazing that people paid over $14 million in royalties to sing Happy Birthday; wow, utter madness!!
[+] rvense|10 years ago|reply
I hope there's a big gathering in front of the courthouse when this goes to trial. With singing.
[+] jessaustin|10 years ago|reply
I hope that if he had it to do over, Pete Seeger would not copyright a centuries-old song of oppressed people. We should all think about the long-term results of temporarily convenient actions.
[+] ChrisDutrow|10 years ago|reply
I'm curious why their request to use the song was denied.
[+] snurk|10 years ago|reply
The title is unnecessarily inflammatory. In the US, lawyers do not sue anyone. They're not allowed to. They represent clients.

Maybe the situation is that the putative copyright holders of We Shall Overcome hired the same successful legal team from the Happy Birthday case — a very rational thing to do.

[+] ommunist|10 years ago|reply
Bastards should be lynched. Authors of the song created it to be sung.
[+] jane_is_here|10 years ago|reply
Songwriter chasers are the new ambulance chasers.
[+] dominotw|10 years ago|reply
Sick of hearing these stupid 'songs' anyway. good riddance.
[+] quadrangle|10 years ago|reply
Happy Birthday is a trite stupid song. We Shall Overcome is a beautiful, inspiring, and musically rich anthem. The only thing they have in common is being old cultural heritage that assholes have illegally and immorally cashed-in on.