It wasn't too long ago (2016 as a matter of fact) that you could not sing the song "Happy Birthday" in public, in a movie, or on television without paying a licensing fee to the
Warner Chappell Music company. Although the song is sung to another melody long in the public domain ("Good Morning To You"), the origins of the song that we know here in the US is somewhat muddled.
The main issue with any content that is popular, or content that has "been around" for so long that it is in the subconscious of the general population: the assumption is made that the content is "free" to use in whatever way a creator might like. Unfortunately, this assumption also applies to IP online. We've had many clients decide that something they found is "public domain" just because they found it online (see this post for more information). However, you know what they say about assumptions, right?!
There's also a very popular rule floating around that states if you crop, flop, or edit an image or illustration, or "only" take a quote from a poem or other piece of literature or otherwise adapt it, then you are "safe" to use the content without permission. This myth generally originates primarily from the educational publishing space, where
Fair Use may come into play for specific uses.
One great rule-of-thumb to keep in mind when publishing content anywhere: whether in print, online, or in a recording is to consider whether what you are producing originated with YOU, or if any part of the content came from another source. If the former, then you are ready to publish. But if any of your content has origins elsewhere, it's best to seek permission or enlist some help
reviewing whether you need permission.
All of that said, one of my favorite examples of the use of newly-liberated public domain songs like "Happy Birthday" comes from a recent skit on SNL. I won't get into the logistics of licensing and fair use in broadcast in this post, but if you're down for a giggle, I hope you
enjoy this humorous look at how using content on a shoestring budget can be employed.
