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German kindergartens told to pay before they sing
Google | AFP ^ | 12/28/10

Posted on 12/29/2010 9:26:00 AM PST by LibWhacker

German kindergartens told to pay before they sing BERLIN — A body representing German musicians found itself accused of Scrooge-like meanness on Tuesday after pressing kindergartens to pay up for singing songs that are protected by copyright.

The GEMA, the German musical copyright monitoring body, has written to 36,000 of the nursery schools telling them they have to fork out to photocopy song texts and to keep a proper record of which ones are sung.

Kindergartens and MPs were incensed, with the mass-circulation Bild daily calling the move "bureaucratic madness."

A spokeswoman for the Paritaetischer Wohlfahrtsverband Hamburg, an association representing 280 kindergartens, told the Tagesspiegel daily that the GEMA's demand was "petty, over the top and utterly inappropriate."

The GEMA wants all the various state, private and religious organisations that operate kindergartens to sign a contract giving the owners of the rights of songs a lump sum every year, in the same way that schools do.

(Excerpt) Read more at google.com ...


TOPICS: Business/Economy; Germany; News/Current Events
KEYWORDS: copyright; german; kindergartens; lawyers; songs
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1 posted on 12/29/2010 9:26:04 AM PST by LibWhacker
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To: LibWhacker

Same reason staff don’t sing “Happy Birthday” for patrons at Applebees and the like.

They would go to Happy Birthday jail.


2 posted on 12/29/2010 9:28:49 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: LibWhacker

Those people are delusional. If you’re not performing a song for a paid audience or to make a sound recording for sale it shouldn’t matter.


3 posted on 12/29/2010 9:32:14 AM PST by smokingfrog (Do all the talking you want, but do what I tell you.)
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To: LibWhacker

Love those unions.


4 posted on 12/29/2010 9:34:31 AM PST by dr_who
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To: dr_who

...and lawyers.


5 posted on 12/29/2010 9:35:10 AM PST by dr_who
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To: WOBBLY BOB
One can make a very strained argument that restaurants using "Happy Birthday" constitutes profiting off of the song. But this kindergarten stuff is pure nonsense.

Moreover, "Happy Birthday" is a scam - the song was actually written in 1893 but it was copyrighted by someone who had nothing to do with its composition in 1935.

The actual authors never saw a penny for their song. From a moral (but not a legal) standpoint, the copyright holders of "Happy Birthday" are thieves.

6 posted on 12/29/2010 9:35:55 AM PST by wideawake
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To: LibWhacker

I wonder what they get for the Horst Wessel Lied?


7 posted on 12/29/2010 9:36:32 AM PST by Tijeras_Slim (Pablo lives jubtabulously!)
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To: smokingfrog

Since when did common sense and reason and logic become obsolete in Europe and now in America?

Since the cultural Marxists infiltrated curricula with the “critical theory” cr*p and the Postmodern German philosophy threw out the logic and thinking based on Natural Law Theory of John Locke and the 1000 of years before him.

Those nasty German thinkers!!!!

P.S. BTW, I am 100% German, just hate Marx and Hegel’s evil fascist thinking.


8 posted on 12/29/2010 9:38:52 AM PST by savagesusie
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To: LibWhacker
The answer, at least in the US, is to only sing songs published before 1923. That includes more Christmas songs than you could possibly ever want. In Germany the copyright laws are different, a song goes into the public domain 70 years after the death of the composer. So they also have a huge number of public domain songs available.

Yes it is quite annoying, but the solution, until laws change, is simple: Use public domain music and tell the copyright holders to spend their time somewhere else.

9 posted on 12/29/2010 9:41:18 AM PST by Voltage
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To: savagesusie

At least the Germans have enough common sense to avoid electing Muslims.

I would take Merkel over the Islamic or even pro-amnesty RINO Bush in a heartbeat. The Bush clan are too friendly with the Clintons and bash Palin too much for my taste.


10 posted on 12/29/2010 9:43:36 AM PST by Frantzie (American TV = owned by the Saudis and elites - keep watching & losing your freedom)
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To: Tijeras_Slim
I wonder what they get for the Horst Wessel Lied?

LOL. Germany still has serious freedom issues. The authorities there take a very dim view of that song, copyright has nothing to do with it.

11 posted on 12/29/2010 9:47:43 AM PST by Spirochete (Sic transit gloria mundi)
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To: Tijeras_Slim
LOL. Germany still has serious freedom issues. The authorities there take a very dim view of that song, copyright has nothing to do with it.

They probably even have a 12-syllable compound word to describe this very topic. Something along the lines of Nazizeitleidfreheitcontrolle

12 posted on 12/29/2010 9:54:02 AM PST by Spirochete (Sic transit gloria mundi)
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To: Spirochete

Gesunheidt! ;)


13 posted on 12/29/2010 9:55:29 AM PST by Tijeras_Slim (Pablo lives jubtabulously!)
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To: LibWhacker
I invent a new song just about every other day for my 15 month old.

Today it was:

The Cookie Bear is here today!
The Cookie Bear is here to play!
The Cookie Bear!
The Cookie Bear!
The Cookie Bear!

That's it, i stopped to have cookies.
I'll finish it tomorrow (the song and the box of cookies).

14 posted on 12/29/2010 9:58:36 AM PST by Berlin_Freeper (Stupid Obama still lacks the experience needed to be President.)
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To: wideawake

The music is mid 1800s, the original “good morning” lyrics are late 1800s, but the “happy birthday” lyrics are early 1900s. Even then, no copyright notice occurred for years. Technically, the song isn’t under copyright because back then you needed to have a copyright notice. Not only that, but the “good morning” lyrics are in the public domain, and there is a good legal doubt that simply substituting “happy birthday” constitutes a copyrightable derivative.


15 posted on 12/29/2010 10:01:22 AM PST by antiRepublicrat
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To: LibWhacker

How long before they demand every individual list and pay royalties on every copyrighted song they sing in the shower?

At some point the music industry is going to infuriate the public so much with this nonsense that copyright protection will be rolled back or repealed.

Personally, I think all non-commercial use of songs should be considered fair use. I’m not talking about mass file sharing of digital music, but singing a copyrighted song at a party or school event should be free.


16 posted on 12/29/2010 10:02:56 AM PST by Above My Pay Grade
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To: wideawake
I wonder if the lawyers hang out at restaurants to make sure they get their cut.

They could also look for Marlboro Light smokers who thought it was a ‘healthier alternative’.

17 posted on 12/29/2010 10:03:00 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: Berlin_Freeper

>>>I invent a new song just about every other day for my 15 month old.
Today it was:

The Cookie Bear is here today!
The Cookie Bear is here to play!
The Cookie Bear!
The Cookie Bear!
The Cookie Bear!

That’s it, i stopped to have cookies.
I’ll finish it tomorrow (the song and the box of cookies).<<<

This is to inform you that I have just copyrighted the Cookie Bear song and you must pay me royalties every time you sing it. :-)


18 posted on 12/29/2010 10:04:31 AM PST by Above My Pay Grade
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To: wideawake
Moreover, "Happy Birthday" is a scam - the song was actually written in 1893 but it was copyrighted by someone who had nothing to do with its composition in 1935.

It was copyrighted by Jessica Hill, sister of the songwriters, Patty and Mildred Hill. She enlisted a music publisher to help.

The actual authors never saw a penny for their song.

Half right. Mildred Hill died in 1916, and never received any royalties. Patty Hill did receive royalties, and since her death in 1946, the sisters' share -- about $1 million a year, according to the publisher a few years ago -- goes to the Hill Foundation.

19 posted on 12/29/2010 10:04:34 AM PST by ReignOfError
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To: ReignOfError

As I recall, there wasn’t a problem with Happy Birthday until “Sir” Paul got a hold of the rights. The Marcarena guys did this with the Girl Scouts as well.


20 posted on 12/29/2010 10:08:08 AM PST by massgopguy (I owe everything to George Bailey)
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