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In this video, Berklee Online course author E. Michael Harrington explains what public domain means. For something to be considered in the public domain, it has to have been created before 1923. For example, anything that Bach wrote is public domain, so we can use it as inspiration and take portions of it and change it. In the twentieth century, copyright law changed from lasting 28 years to having automatic renewal of copyright. For example, Warner Chappell shouldn’t own “Happy Birthday” because it’s public domain, and should be free from copyright. Dr. Harrington—who has served as an expert witness in high-profile court cases regarding this sort of infringement case—provides several examples of times when people thought a certain song was in the public domain, only to be sued after finding out that the song was protected by copyright.
About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.
About Berklee Online:
Berklee Online is the continuing education division of Berklee College of Music, delivering online access to Berklee's acclaimed curriculum from anywhere in the world, offering online courses, certificate programs, and degree programs. Contact an Academic Advisor today:
1-866-BERKLEE (US)
1-617-747-2146 (international callers)
advisors@online.berklee.edu
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Copyright Law | E. Michael Harrington | Public Domain | Copyright Infringement | Happy Birthday | Music Business | Berklee Online | Berklee College of Music | Music Business Law
