Category Enforcement

Happy Birthday To You, Copyrighted

Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.

Questions Arise Over EU Draft Regulation To Implement Nagoya Protocol

The European Commission has prepared a draft regulation to implement an international protocol to prevent biopiracy, leading two non-governmental organisations to publish an opinion piece voicing concerns about it. The European Parliament is scheduled to review the draft on 4 July. A key concern is whether it would cover non-European genetic resources already in European collections.

Poland’s Minister Of Culture Calls For Intellectu​al Property Courts

Poland’s Minister of Culture and National Heritage Bogdan Zdrojewski has called on the country’s Ministry of Justice to create and integrate intellectual property courts into the country’s legal system. Under the plan, the new entities would become departments of regular courts, and they would be solely responsible for handling cases involving intellectual property, including disputes related to authors’ rights, trademarks and patents.