Writing a song ain’t easy, but getting paid for the music you create is even tougher. Recording artists depend on hit songs to sell records and generate income, and when they sign a record contract, they usually get a 7 to 10 percent cut of their album’s profits. If they write their own songs, the payout is even larger, because songwriters and producers earn money every time a song is played in public, used on television, or recorded by another artist. For some people, that ends up meaning big bucks. But for every time a musician receives a fair share of the profits, there are stories of artists’ being cajoled and legally maneuvered out of their royalties by greedy record executives or unscrupulous music publishers. These five incredible stories illustrate how the inner workings of the music business have affected some of our favorite musicians and their work.
Happy Payday to You
Certain standard songs aren’t protected by copyright laws. You might think a song as ubiquitous as “Happy Birthday” would have become part of the public domain long ago, but you’d be wrong. The song we know as “Happy Birthday” was written in 1893 and was originally called “Good Morning to You.” It was used and played extensively in the 1920s and early ’30s without being licensed, until the writer’s sister secured the copyright in 1934. Changes in copyright law in the past few decades have extended the protection for the song until 2030. That means if you want to play “Happy Birthday” in public, you have to pay up.
The song generates about $2 million per year in licensing fees. Of course, lawyers won’t go after a family singing the song at home, but they will file suit against movies or television shows that feature the song without authorization, as well as any other public performance. If you’ve ever been in a restaurant and noticed the staff singing a different version of a birthday tribute, it’s because that establishment is trying to avoid paying for performance rights and prevent copyright infringement lawsuits.
