You Decide: Laws 310 Week 3 Essay

787 WordsJun 2, 20124 Pages
The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer. Is the (Defendant) Bobby Bandleader committing copyright infringement, by singing the song to his customers? Should the (Plaintiff) Johnny Singstealer be paid royalties from the (Defendant)…show more content…
This means that the defendant has not committed copyright infringement, by the fact that he altered the words of the song in accordance with the Federal Copyright Office of the U.S. In the event that the (Defendant) Bobby Bandleader, hadn’t altered the words to the song, yes he would have committed copyright infringement and would have to pay royalties to the (Plaintiff) Johnny Singstealer. The sum of $1 million the (Plaintiff) Johnny Singstealer is asking for is by far an over payment. Assuming that the (Defendant) Bobby Bandleader’s bistro accommodates 200 guests, performing three nights or less per week at a rate of $4.67, the annual licensing fee would be $934 per year. The amount to be paid to the (Plaintiff) Johnny Singstealer would be the sum of $18, 680 for twenty years of usage. If it performed the song four to seven nights per week at a rate of $5.59, the annual licensing fee would be $1118. The amount to be paid to the (Plaintiff) Johnny Singstealer would be the sum of $22,360 for twenty years of usage. All of this is according to the American Society

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