Medlin Law Firm - September 2019

HAPPY BIRTHDAY TO WHO?

The Strange History of ‘Happy Birthday’

By the 1930s, “Happy Birthday” appeared all over in films and on the radio, prompting Mildred and Patty’s sister, Jessica, to secure the copyright to “Happy Birthday” due to its similarity to “Good Morning to You.” In 1988, Warner Music acquired the copyright, and the song’s ingrained popularity ensured a profit. They reportedly made $2 million a year on royalty charges. The Walt Disney Company paid $5,000 to use the song in a parade, and many documentaries were also impacted by the copyright. The civil rights documentary “Eyes on the Prize” never made it to DVD because the royalties charge on a scene of Martin Luther King celebrating his birthday was so high. Due to its age and popularity, many people have insisted “Happy Birthday” is, or at least should be, in the public domain. When Warner Music tried to charge filmmaker Jennifer Nelson royalties to make a film about the song, she filed a lawsuit. Her attorneys uncovered a 1922 songbook featuring “Happy Birthday” without any copyright notice. They even suggested Warner Music knowingly hid the songbook because it proved “Happy Birthday” had been in the public domain for decades. In 2015, a U.S. judge ruled that “Happy Birthday” is not under copyright. So, the next time you record guests singing “Happy Birthday” at a birthday party, you don’t have to worry about paying royalties if you upload it online.

Is your calendar full of birthday parties this month? You’re not alone. In the United States, more people are born in September than in any other month, meaning Americans will sing many choruses of “Happy Birthday” this month. This popular tune has a surprisingly controversial history. First composed by sisters Mildred and Patty Hill in 1893, the familiar melody originally belonged to a song called “Good Morning to All,” a song the sisters sang to their students every morning. Over time, the word “birthday” entered variations of the song and became a popular party tune.

A Simple Mistake Can Cost a College Education STAY IN SCHOOL, NOT THE COURTROOM

This fall, young adults across Texas took their first steps onto college campuses and toward their futures. It’s an understandably exciting time for these students, but a lot can go wrong during their first semester. Easy access to drugs and alcohol paired with a sudden lack of parental supervision can lead normally well-behaved students to make mistakes that can cost them their futures. Set parent-student boundaries. If you have a college freshman or sophomore in the family, it’s important to maintain a healthy line of communication. You shouldn’t overdo it. Calling every day or showing up on campus unannounced can lead students to feel like their privacy is being invaded, making them less likely to reach out when something goes wrong. Try video chatting every other week and don’t ask too many prying questions. Showing your child that you trust them is often the best way to help them open up to you when they need help. Ensure they knowwhat’s at stake. While avoiding being a “helicopter parent” is important, you should still have a talk with your student to

emphasize that they’re an adult now and that their mistakes will have adult consequences. Remind them that choosing to drink and drive or being found in possession of a controlled substance could take them out of the classroom and into prison. Beyond the law, violating their school’s code of conduct through acts like plagiarizing can cost them scholarships, credits, or even get them suspended or expelled. Help them find a lawyer you trust. If mistakes are made, finding a student defense lawyer near your child’s college town is critical to protecting their future. These professionals can represent your student in court and negotiate with college officials over alleged conduct violations. Experienced attorneys like the Medlin Law Firm attorneys can help your child seek alternative sentencing programs that will protect their record and keep them on the path to earning their degree. As a firm, we’re proud to represent so many bright minds across the Dallas Fort-Worth area.

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