Do you know that “Happy Birthday” song was copyrighted?
Apparently, the song
copyright is owned by Warner/ Chappell Music. Based on the 1935 copyright
registration, the copyright will not expire until 2030 in the United Stated. In United States, if all the necessary documentations of the copyright papers appeared upon publication and proper renewal was filed, the duration of copyright is tied together with the publication date. Thus the song will pass into the public domain only after the end of 2030. Until then, that means that you need to pay royalties to Warner
Music if you intended to play the song publicly, such as playing the song at
the restaurant. though the validity of the copyright of the song have been questions and some even challenged it in court, up until now, it has proven more cost effective to just pay Warner Music to use the song than take the case to court.
Pertaining to cyberspace law:
In US, The copyright protection law is under the Copyright Act 1976 and the Congress there passed the Digital Millennium Copyright Act (“DMCA”) in 1998 to cater issue of copyright pertaining to cyberspace, notably in music industry where the fear of the loss of sales due to file sharing in internet. In Malaysia, the legal provisions for cyberspace copyright issues, including copyright infringement, are dealt under the Copyright Act 1987 (CA 1987). Copyright infringement occurs when one copies the original work as a whole or substantially. Section 3 of CA 1987 defines copyright infringement as reproducing of any work eligible for copyright without consent from the copyright holder. However, under the concept of fair dealing there is this exemption for others to use the work without obtaining consent from the copyright holder, e.g. for the purposes of private study, non-profit research , criticism, review, or the reporting of current events. But if such uses are for public benefit, the work must be accompanied by an acknowledgment of the title of the work and its authorship (Section 13(2)(a) of CA 1987) will be sufficient. The Copyright Act (Amendment) 1997 is the expansion on the CA 1987 to expand the scope of copyright over the internet.
Link:
http://www.myipo.gov.my/hakcipta-akta
In US, The copyright protection law is under the Copyright Act 1976 and the Congress there passed the Digital Millennium Copyright Act (“DMCA”) in 1998 to cater issue of copyright pertaining to cyberspace, notably in music industry where the fear of the loss of sales due to file sharing in internet. In Malaysia, the legal provisions for cyberspace copyright issues, including copyright infringement, are dealt under the Copyright Act 1987 (CA 1987). Copyright infringement occurs when one copies the original work as a whole or substantially. Section 3 of CA 1987 defines copyright infringement as reproducing of any work eligible for copyright without consent from the copyright holder. However, under the concept of fair dealing there is this exemption for others to use the work without obtaining consent from the copyright holder, e.g. for the purposes of private study, non-profit research , criticism, review, or the reporting of current events. But if such uses are for public benefit, the work must be accompanied by an acknowledgment of the title of the work and its authorship (Section 13(2)(a) of CA 1987) will be sufficient. The Copyright Act (Amendment) 1997 is the expansion on the CA 1987 to expand the scope of copyright over the internet.
Link:
http://www.myipo.gov.my/hakcipta-akta
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