“《祝你生日快乐》仍在版权保护期内,这是版权法过度扩张,达到违宪地步的最典型例子,爱荷华大学传播学教授坎姆布鲁·麦克里奥德(Kembrew McLeod)为这首歌撰文写道。
Mr. Brauneis contended in his 2010 study that the song’s copyright may not have beenproperly renewed when its initial term expired, in 1963. But lawyers for the plaintiffs in the“Happy Birthday suit — for whom Mr. Brauneis said he was working as an unpaid consultant —now say they have proof of deeper problems.
1963年,这首歌的版权期第一次到期,布罗奈斯在他2010年的那篇文章中主张,当时就不应当将它的版权期予以延长。但《生日快乐》一案的原告律师们(布罗奈斯为他们充当免费顾问)说,他们有证据,可以揭示更深层次的问题。
Last week, they submitted evidence that they called “a proverbial smoking gun: a 1922songbook containing “Good Morning and Birthday Song, with the birthday lyrics in the thirdverse. While other songs in the book are given with copyright notices, “Good Morning andBirthday Song says only that it appears through “special permission of the SummyCompany. Under the laws of the time, an authorized publication without proper copyrightnotice would result in forfeiture of the copyright, according to lawyers involved in the case.Furthermore, under the 1998 law, anything published before 1923 is considered part of thepublic domain.
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