Happy Birthday Song Loses Copyright Protection

Here's an interesting development in a specific copyright situation;  the "Happy Birthday" song.

This song was written more than a century ago, and is the most recognizable song in the English language.

The melody from the song is based on a song called "Good Morning To All" which was written in 1893.  The first time that the lyrics appeared in print with that melody was in 1912, although there were no copyright notices attached to the melody and lyrics at the time.

In 1935, a US company called Summy was able to register the copyright on the song.  For the next 63 years, they collected royalties on public performances of the song, earning the company tens of millions of dollars.

In 1998, Warner Music purchased the copyright to the song, and started collecting royalties from that point forward.  As an example of the money that they collected, the rate to include the song in a film or documentary could be around $700 USD, although this could vary significantly.

Also in 1998, the Sonny Bono Copyright Term Extension Act was passed.  That had some major influence on copyright law, as anyone who has studied music copyright knows.  The Copyright Term Extension Act was somewhat contentious.  In short, it extended some copyright terms by a couple decades, although that's a gross over-simplification.

An American law professor (Robert Brauneis) did some research into Happy Birthday in the 2000's, and in 2010, he concluded that the song was probably not a legitimate copyright, even though Warner continued to enforce royalties.

In 2013, a class action lawsuit was filed against Warner to try to recover all royalties paid to Warner since 2009.  This past fall, the judge hearing the case ruled that Warner's copyright to the song was invalid for the lyrics and melody, and could only be upheld for a specific piano arrangement of the song.  Alternative arrangements would not be considered to fall within Warner's copyright claim.  However, the judge stopped short of declaring Happy Birthday to fall within the public domain.

Here's where things get interesting.  Warner announced at the start of this week that they would not contest the judge's ruling.  They also agreed proactively to a settlement of about fourteen million dollars to reimburse royalties dating back to 2009, and they also stipulated that the song should be placed in the public domain.  But why would they do this??

The answer is simple:  in return for this, they're avoiding going to trial, which would have run the risk that they could be published for having collected royalties for so many decades, in case the courts decided that the original copyright claim in 1935 was invalid.  If that had happened, Warner could have been responsible for paying much more than just fourteen million dollars.

The judge in the case will be signing off on the settlement in March, which should be mainly just a formality.  Once that happens, it will mark the close of an interesting prominent case in American music copyright law.

Here's a link to an article in the Hollywood Reporter with more information:

Warner To Pay $14 Million

I'm Jonathan Clark, known online as DJ Bolivia.  Do you want to learn more about DJ'ing and music production?  If so, visit:

djbolivia.ca/training

If you happen to enjoy techno tracks, most of my tracks are available as free downloads from this link:

djbolivia.ca/tracks

Thanks so much for visit, and for your support!  I really appreciate the fan base that I've been able to build up over the years.

Also, if you want to visit any of my other sites, here are a few links:

    YouTube:  youtube.com/djbolivia

    SoundCloud:  soundcloud.com/djbolivia

    Blogger:  djbolivia.blogspot.com

    Main Site:  www.djbolivia.ca

Ableton Q&A Videos related to DJ'ing

Here's a collection of some additional Ableton Live tutorial videos that I've put together for people doing DJ'ing and studio work, based on YouTube viewer questions and feedback.  You can find a complete collection of my Ableton tutorials here:

djbolivia.ca/ableton

Intermediate Warping Techniques in Ableton Live

Most of the tracks that I warped in my initial "Warping Tracks in Ableton Live" video were pretty simple to warp. In this video, I picked five EDM tracks of intermediate difficulty to warp, and gave some extra tips and tricks.





Using the Loop, Start, and End Indicators

Looping sections of existing tracks during a real-time DJ performance can add a lot of strength to your performance, and gives you the ability to be more versatile than simply playing other peoples' tracks back from start to finish. This video covers the Loop Indicators and when they can be useful, and also touches on the Start and End Indicators. The practice of looping through the use of the loop indicators should not be confused with a separate but similar-sounding practice in Ableton, namely that of importing and using "looped" audio clips.





DJ'ing with Songs in Non-Electronic Genres

I've had lots of questions about how to include tracks of significantly diverse tempos in your sets, such as hip hop, indie pop, and classic rock. This video explains my own approach to tracks in these genres.





Inserting a New Track in the Middle of Arrangement View

This one is pretty simple, to be honest. How do you insert a new track into the middle of an already-complete production in the arrangement view? This video is pretty short.





Automating Global Tempo in a Studio Production

Here's another short one, based on numerous viewer questions. Once you have a studio-produced DJ Mix set up in the arrangement view, you may want to vary the tempo as the mix plays back. This video shows you how.





Cutting Breakdowns out of Dance Music Tracks

Another very short video. If you've got a track with a quiet breakdown and you don't want your dance floor to lose energy and interest, it might be smart to use Ableton to just remove that breakdown from the song. It's very easy. However, having said that, you should also watch the next video in this post which shows you an alternative to cutting out a breakdown, namely, to keep it and enhance it.





Enhancing EDM Breakdowns with Simple Editing Techniques

As you probably expect, this video teaches you how to spice up an existing track by adding things like extra drums, extra bass notes, etc. This is a medium-length video, but I hope it opens your eyes to all sorts of production capabilities that you might want to start digging into.





Clarifying Warping and Global Tempo:

Many people didn't entirely understand how warped tracks would synchronize together, so this is a short video that aims simply to clarify how warped tracks are treated by Ableton, and how they are tied to the global tempo.

I'm Jonathan Clark, known online as DJ Bolivia.  Do you want to learn more about DJ'ing and music production?  If so, visit:

djbolivia.ca/training

If you happen to enjoy techno tracks, most of my tracks are available as free downloads from this link:

djbolivia.ca/tracks

Thanks so much for visit, and for your support!  I really appreciate the fan base that I've been able to build up over the years.

Also, if you want to visit any of my other sites, here are a few links:

    YouTube:  youtube.com/djbolivia

    SoundCloud:  soundcloud.com/djbolivia

    Blogger:  djbolivia.blogspot.com

    Main Site:  www.djbolivia.ca

Audio Recording Tutorials #03 to #05 - Layered Multi-Track Recording

Videos #03 through #05 of my Audio Recording tutorial series are now online (and I have some additional study notes further down in this post). These three particular videos explain how to go about making a multi-track recording when you must record the tracks one after another in layers, rather than being able to perform everything simultaneously.

If you're just discovering this series and want to start at the beginning, visit:  djbolivia.ca/audiorecording



Audio Recording Tutorial #03: Layered Multitracking part 1

In this video, we use Adobe's Audition software to record the tracks that we're going to be working with on this project. I recorded a Neil Young song (After The Gold Rush) with four parts: piano, strings, bass, and acoustic guitar. This video described the process of setting up the session, setting up individual tracks and arming them, recording the audio, and making sure the project was ready for editing.








Audio Recording Tutorial #04: Layered Multitracking part 2

In this video, I started to explain basic editing tasks such as using the razor/slice tool to cut a track up into clips, making changes to track volumes and panning, and adding volume and panning automation to individual clips. I also talked about Signal-To-Noise Ratios, the use of subtractive EQ'ing to give your instruments more space in a mix, and archiving.








Audio Recording Tutorial #05: Layered Multitracking part 3

We finished editing the individual tracks, I talked about snapping and zero crossings and cross-fade techniques, and then we bounced the edited tracks, did some EQ'ing, added reverb, and adjusted panning and volumes again. Finally, we bounced all the tracks to a single audio files, did some additional reverb and hard limiting/amplification work on it, and saved the final result to disk.








The Final Product: the song that was recorded

This is a very short video, just over three minutes long. It's the final edited copy of the song that I recorded, "After The Gold Rush." This song was originally written by Neil Young, and was the title track to his third album, released in 1970.








If you want to download the audio files that I was using in these videos, to better hear the audio (or experiment with it) in your own home studio setup, here’s a link to the two zipped folders containing the relevant files:

www.djbolivia.ca/tutorials/audiorecording03.rar

www.djbolivia.ca/tutorials/audiorecording04and05.rar

Once you've watched the two videos above, I'd recommend that you spend some time learning a bit more about a few of the things that I covered in this video:

Computer Technology: SSD's vs HDD's:

http://www.storagereview.com/ssd_vs_hdd

http://www.pcworld.com/article/2025402/ssds-vs-hard-drives-vs-hybrids-which-storage-tech-is-right-for-you-.html

Fundamentals and Harmonics:

http://homepage.ntu.edu.tw/~karchung/phonetics%20II%20page%20eight.htm

http://www.physicsclassroom.com/Class/sound/u11l4d.cfm

http://www.sengpielaudio.com/calculator-harmonics.htm

Zero Crossings & Snapping:

http://en.wikipedia.org/wiki/Zero_crossing

http://www.ohdratdigital.com/tutorials-2/zero-crossing-points-what-are-they/

To see the rest of the tutorials in this Audio Recording series, visit:

djbolivia.ca/audiorecording

Thanks so much for visit, and for your support!  I really appreciate the fan base that I've been able to build up over the years.

Also, if you want to visit any of my other sites, here are a few links:

    YouTube:  youtube.com/djbolivia

    SoundCloud:  soundcloud.com/djbolivia

    Blogger:  djbolivia.blogspot.com

    Main Site:  www.djbolivia.ca

Audio Recording Tutorial #02 - Basic Multi-Track Recording

I just uploaded part two of my Audio Recording tutorial series (and I have some additional study notes further down in this post). This series is more related to home studio work than it is to DJ'ing, although I'm still covering the very basics of audio engineering and production work.

If you're just discovering this series and want to start back at the beginning, visit:  djbolivia.ca/audiorecording


Audio Recording Tutorial #02: Basic Multi-Track Recording

In this video, we start exploring multi-track recording in a single pass.  I talk about external soundcards, which usually connect to your computer via USB or firewire, and which give you better quality of your audio signals flowing in and out of the computer.  I talk about types of audio signals & cords, and the plugs that you'll commonly encounter (ie. XLR, 1/4", RCA/phono).  I discuss basic information about microphones, including dynamic and condenser mikes, which are the most common types.  Working with Abode Audition, I record a simple piano performance using a dynamic and a condenser microphone, and then do some basic editing to make the track sound better.  The song I played was an instrumental cover of "Wasted Time," written by Glenn Frey and Don Henley of the Eagles.





If you want to download the audio files that I was using in this video, to better hear the audio (or experiment with it) in your own home studio setup, here’s a link to a zipped folder containing the relevant files:

www.djbolivia.ca/tutorials/audiorecording02.rar




Audio Recording Tutorial #01: Basic Recording

This was the first video in the series, which you might want to watch before you watch #02. This one deals with very simple audio recording using the microphone on a HD video camera, and using a portable audio recording device.  It talks about some of the basic types of processing that a studio engineer would put on an audio track (particularly on vocals), which includes reverb, delay, chorus, and EQ’ing, although it only goes into any detail on the last of those four topics.  I predominantly use Audacity to illustrate some basic concepts, with just a bit of use of Audition and VLC to help out with some other tasks.  Essentially, I’ve recorded a song (a cover of Pearl Jam's "Elderly Woman" on acoustic guitar and singing) and then extracted the audio from the recording devices, then I did some very simple processing in order to come up with a better quality audio file.






Once you've watched the two videos above, I'd recommend that you spend some time learning a bit more about a few of the things that I covered in this video:

Microphones:

http://en.wikipedia.org/wiki/Microphone

http://www.soundonsound.com/sos/1995_articles/jun95/microphones.html

http://www.dpamicrophones.com/en/Mic-University/Technology-Guide/10-Statements-on-Condenser-Microphones-vs--Dynamic-Microphones.aspx

Phantom Power:

http://www.gollihurmusic.com/faq/28-PHANTOM_POWER_BASICS_MICROPHONES_PREAMPS.html

http://en.wikipedia.org/wiki/Phantom_power

http://www.tangible-technology.com/power/Phantom_Power_connect.html

Signal Cords:

http://www.techno-fandom.org/techu/Sound-101/Sound-101.html

http://en.wikipedia.org/wiki/XLR_connector

http://en.wikipedia.org/wiki/Phone_connector_(audio)

http://www.ovnilab.com/articles/linelevel.shtml

USB Condenser Microphones:

http://www.pcworld.com/article/149123/microphone.html

http://www.soundonsound.com/sos/feb07/articles/usbmics.htm

Mono versus Stereo:

http://www.diffen.com/difference/Mono_vs_Stereo

http://www.mcsquared.com/mono-stereo.htm

Background Noise:

http://www.ap.com/solutions/introtoaudiotest/snr

To see the rest of the tutorials in this Audio Recording series, visit:

djbolivia.ca/audiorecording

Thanks so much for visit, and for your support!  I really appreciate the fan base that I've been able to build up over the years.

Also, if you want to visit any of my other sites, here are a few links:

    YouTube:  youtube.com/djbolivia

    SoundCloud:  soundcloud.com/djbolivia

    Blogger:  djbolivia.blogspot.com

    Main Site:  www.djbolivia.ca

Using Ableton Live to create Studio DJ Mixes

I recently put together three YouTube videos to teach people the basics of using Ableton Live software for DJ'ing. There are two separate approaches to DJ'ing with Ableton. Some people are interested in using it for live performance. Others are interested in using it to put together podcasts or radio shows.

The three videos that I have online right now are related to the second approach, putting together podcasts or radio shows. If you're interested in using Ableton for live performance, I'll have a few more videos coming in another month or so, although this first set of three videos for creating mixes will still be useful.

When the "live performance" videos are available, there will be three separate videos to teach you the overall process:
- Warping your tracks, to prepare for a live show (similar to the existing warping video)
- Using Ableton as a live DJ (mixers, controllers, sound card interfaces, dj booth hookup, performance)
- Actually doing a live performance

For the current approach, making a DJ mix, we have three videos online now:
- Warping your tracks
- Putting together your DJ Mix
- Mastering and marketing your mix


Warping Your Tracks in Ableton:

This video teaches you the basics of using Ableton, ie. how the software is laid out, and how to prep for a mix by importing and "warping" your tracks. Warping a track properly and accurately can usually be done in about a minute, once you know how, but you MUST warp your tracks before you play, if you expect to be able to beat-mix. If you're planning a "radio-style" mix format, ie. just fading in and out of songs without worrying about beat-mixing, then warping isn't critical.






Putting Together Your DJ Mix:

This video explains the process of bringing each individual track into the "arrangement view" and then using cross-fades on volume and other effects parameters, through the use of drawn automation, to make a great-sounding continuous DJ Mix.





Mastering & Marketing Your DJ Mix:

Once you have a mix exported from Ableton, you're not quite done. You want your final mix to sound as good as possible for listeners. This video teaches you how to do simple edits like removing leading and trailing silence from your mix file, adjusting the overall volumes through amplification or normalizing, the basics of compression, various encoding options, and more. At the end of the video, there is a short discussion about marketing your mix, such as choosing distribution methods, adding graphics files and "ID3" tag data.





I have a second series of videos that complement this series, and which focus on actual live performances using Ableton, ie. in front of a crowd. Those videos also talk about related aspects of being a performance DJ, including the use of external sound cards, MIDI controllers, and integrating your set with a DJ mixer, as well as tips that might help when you're playing in front of a crowd. Here's a link to learn more:

djbolivia.ca/ableton

I have an additional series of shorter "Ableton Q&A" videos that I produced to answer viewer questions from the above videos. You can see a list of these videos if you go here:  djbolivia.ca/videos


If you find that these videos are useful in helping you learn about how Ableton can be useful to you as a DJ, I'd really appreciate if you could share them! Post links to the videos (or to this blog post) on your facebook walls, or on music/production message boards, or tweet the URL. Thanks for your help in sharing these tutorials.


And finally, these particular three videos used the creation of episode 100 of my weekly radio show as the example mix. If you want to listen to that mix, here is the SoundCloud link to the show:

I'm Jonathan Clark, known online as DJ Bolivia.  Do you want to learn more about DJ'ing and music production?  If so, visit:

djbolivia.ca/training

If you happen to enjoy techno tracks, most of my tracks are available as free downloads from this link:

djbolivia.ca/tracks

Thanks so much for visit, and for your support!  I really appreciate the fan base that I've been able to build up over the years.

Also, if you want to visit any of my other sites, here are a few links:

    YouTube:  youtube.com/djbolivia

    SoundCloud:  soundcloud.com/djbolivia

    Blogger:  djbolivia.blogspot.com

    Main Site:  www.djbolivia.ca