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Performing Happy Birthday via email

I thought I knew most of the copyright issues, but technology has passed me by!
 
One can't perform Happy Birthday in public gatherings or record and sell it because it's under copyright.  But what about a group recording it and emailing it to friends, subscribers, etc, free?  It's not quite a public gathering, as it's going directly to one person.
 
And what about the possibility of our singers and subscribers sending our recoridng of Happy Birthday to their friends form our website.  Not for commercial use, not for public/general us, bu thte public would have access to it to send to friends.
 
This would be the same for other non-public domain songs as well, like Have Yourself a Merry Little Cmas or some such...
 
Thanks!
David
janower(a)albany.edu
on September 17, 2009 2:38pm
David -
 
Nice try! -- but this points up a general misunderstanding of the term "commercial use." It doesn't have to be for sale to be considered commercial. Any use that can even remotely be viewed as promotional, public relations, advertising, etc., is strictly speaking a commercial use. Check with a performing arts attorney!
 
Charles Q. Sullivan
on September 18, 2009 6:55am
"Commercial use" doesn't enter into this at all. Simply distributing copies of such a recording, either via email or on a website is where you'd be breaking the copyright laws. You'd still need to obtain permission of the copyright holders or pay fees through a clearinghouse, such as the Harry Fox Agency.
 
David T.
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