MERGED: Singing Happy Birthday/Forbidden at Mass?

[5Loaves]

At the Latin Church parish where I often assist at daily Mass, singing “Happy Birthday” after Mass is standard. I’ve never heard it after a Mass that fulfills the Sunday Obligation, nor any Feast Day Mass.

In my Byzantine parish we always sing “God Grant You Many Years” after the final prayers and before going up for a blessing from the priest… for birthdays, anniversaries, etc. We sing it through three times- first in English, second in Church Slavonic, third again in English".

 

[Joe_5859]

snopes.com/music/songs/birthday.asp

I’d be happy to entertain arguments from source as reliable as snopes.com; however, I’d like to point out that while it is possible to lose the rights to a trademark, through trademark dilution, the same phenomenon does not apply to copyright. You cannot “lose your copyright” by failing to enforce it, or when the work becomes incredibly popular. Copyright can be actively surrendered, by placing something in the public domain, or it can expire, and the laws of various countries apply in different ways, but the United States has one of the longest copyright terms in the world.

My source was Wikipedia, so I guess we can debate about whether Snopes or Wikipedia is more reliable. Personally, I wouldn’t go to the mat for either of them in the reliability department.

From Wikipedia:

An American law professor who heavily researched the song has expressed strong doubts that it is still under copyright. [2]

[2] Brauneis, Robert (2008-03-21). “Copyright and the World’s Most Popular Song”. papers.ssrn.com/sol3/papers.cfm?abstract_id=1111624. Retrieved 2008-05-08

Of course, the footnote does appear to point to a legitimate reference for a lawyer that has questioned the copyright claim. Thus I think my original point that “not all lawyers are in agreement” still stands.

This is not debatable. The writer of this very music has sued the movie industry for copyright infringements and has won. (The specific movie was “10” but there might have been others.)

The writers of this song (whoever they are) have long since passed away. Some company owns the copyright (allegedly ).

 

[ProVobis]

The writers of this song (whoever they are) have long since passed away. Some company owns the copyright (allegedly ).

See post #16.

There may be some who dispute ownership of the copyright, but the Church is not the proper place to test the law. It would be most prudent to avoid such controversy by abstaining from any doubtful music, even the most common ones which kids sing. Remember, if it weren’t popular, probably no one would be laying claims to having written it. Suspect everything which is introduced into the church environment, including songbooks and especially xerox handouts.

 

[Stylites]

Singing ‘Happy Birthday’ to one of the faithful - how kind and thoughtful of the priest. The “bah-humbug” spiel ought to be shelved and reserved for exclusive use by the camouflaged and professional Liturgical Delta Seal Force Squad Police who are trained to scoff at such things.

 

[Stylites]

See post #16.

There may be some who dispute ownership of the copyright, but the Church is not the proper place to test the law. It would be most prudent to avoid such controversy by abstaining from any doubtful music, even the most common ones which kids sing. Remember, if it weren’t popular, probably no one would be laying claims to having written it. Suspect everything which is introduced into the church environment, including songbooks and especially xerox handouts.

How ya gonna get the urgent word out to all the parishes?!

I would sooner accept songbooks and “xerox” handouts (ah, there’s a copyrighted word which you ought not use!) in a church environment than anything on an internet forum.

 

[benedictgal]

I had the happy birthday sung to me after the final hymn in spanish and it was “las mananitas”. Honestyl I was a lil annoyed by it, but what ever.

That’s what almost happened in my parish’s case, until our associate pastor nipped it in the bud and told the choir to sing the regularly scheduled recessional. He said that such singing had no place within the liturgy. While some can make the argument that the Mass has already ended at that point, it seems to me that since we are still in sacred space, we should respect it.

 

[kbachler]

The singing of Happy Birthday should always be avoided in public, because Happy Birthday is still a copyrighted song, and requires licenses for public performance.

Also, you must have a very small community. How many people does it take before you are acknowledging someone’s birthday every single week?

One would have a very difficult time arguing that a congregation singing Happy Birthday to a parishioner is a public performance in the sense meant under copyright protections.

 

[ProVobis]

How ya gonna get the urgent word out to all the parishes?!

We have a wonderful legal system which will do that, if you don’t mind the school “of hard knocks.” And my apologies to the person who first coined that expression.

(Did you know the Romans actually wrote literature on “coins”?)

 

[ConstantineTG]

One would have a very difficult time arguing that a congregation singing Happy Birthday to a parishioner is a public performance in the sense meant under copyright protections.

If you want to be legalistic about it, a parish is not public property. Therefore its not used in public since only a specific group of people (Catholics) were there.

 

[MarkThompson]

If you want to be legalistic about it, a parish is not public property. Therefore its not used in public since only a specific group of people (Catholics) were there.

That’s not correct; the parish is open to the public. Likewise Yankee Stadium and your local dance club are not public property (they are private businesses), but that doesn’t mean you can put on whatever music performance you feel like there.

That said, I would tend to think that a spontaneous singing of “Happy Birthday” at church as described above is either not within the ambit of copyright protection, or is exempted under the fair use doctrine. If, however, it were deliberately programmed by the music director or something, that would not apply.

 

[Elizium23]

I would sooner accept songbooks and “xerox” handouts (ah, there’s a copyrighted word which you ought not use!) in a church environment than anything on an internet forum.

No, the term “Xerox” is a trademark, not a copyright. And it’s a classic case of the aforementioned trademark dilution - something that became a household word, a synonym for “photocopy” and jeopardized the very legal rights which the company had.

 

[grandview3ottaw]

I attended a funeral mass in Ottawa on August 18, 2011. In the course of an eloquent eulogy describing the personality and behaviours of the deceased, a family member demonstrated how the francophone deceased sang “Bonne Fete” (Happy Birthday) to the many people she loved. The priest was so offended at the 4-line song, he started cycling the microphone sound on and off during the remainder of the eulogy. Those attending the funeral were amused and touched by the memory, but I am told that the priest later vigorously criticized the family member for profaning the holy space by singing such a disrespectful song. I am wondering what Catholic doctrine or practice was infringed. Is is forbidden to repeat any form of non-sacred music even when briefly recounting a practice of the deceased during a eulogy? Or do the words “bonne fete” have an offensive meaning that even the Catholic family member and attendees were not aware of? As a non-Catholic, I was very surprised at the priest’s reaction, and want to avoid causing offence when I visit a church.

 

[theistgal]

Actually the whole practice of having family members stand up and deliver all or part of the eulogy, during the Mass or Liturgy, is something that should be discouraged.

As a cantor, I’ve been to too many funerals that just ground to a halt while everyone even remotely related to the deceased stood up and droned on and on and on and on …

Keep the eulogies (and the non-sacred songs) for the wake or the after-funeral party - they shouldn’t be part of the Mass/Liturgy! (IMHO! )

 

[Love_Divine]

Keep the eulogies (and the non-sacred songs) for the wake or the after-funeral party - they shouldn’t be part of the Mass/Liturgy! (IMHO! )

This isn’t your humble opinion. It’s the Church’s directives regarding funerals. No eulogies and no secular music during Mass.

 

[ProVobis]

There was a recent thread on this.

forums.catholic-questions.org/showthread.php?t=565357&highlight=happy+birthday

 

[Allegra]

I attended a funeral mass in Ottawa on August 18, 2011. In the course of an eloquent eulogy describing the personality and behaviours of the deceased, a family member demonstrated how the francophone deceased sang “Bonne Fete” (Happy Birthday) to the many people she loved. The priest was so offended at the 4-line song, he started cycling the microphone sound on and off during the remainder of the eulogy. Those attending the funeral were amused and touched by the memory, but I am told that the priest later vigorously criticized the family member for profaning the holy space by singing such a disrespectful song. I am wondering what Catholic doctrine or practice was infringed. Is is forbidden to repeat any form of non-sacred music even when briefly recounting a practice of the deceased during a eulogy? Or do the words “bonne fete” have an offensive meaning that even the Catholic family member and attendees were not aware of? As a non-Catholic, I was very surprised at the priest’s reaction, and want to avoid causing offence when I visit a church.

There isn’t supposed to be any eulogy during a Mass in the first place. If this eulogy was taking place after the Mass, I don’t see what the problem is, though I don’t know the words to “Bonne Fete”.

 

[bamaster47]

I didn’t know of the discouragement of eulogies in funeral Masses. I suppose it makes sense though, save the eulogy for afterwards, Mass is for celebrating Mass.

 

[Allegra]

Spontaneous singing of a song does not contitute a violation of copyright. A group of people singing “Happy Birthday” isn’t breaking the law any more than a bus full of kids singing “We Will Rock You” on their way to a ballgame. The only way this would be a problem would be if the song was recorded for public distribution (profit or non) or if the priest put the lyrics or notation of the song in the bullitin or worship aid. (I’m assuming he did not.)

 

[Phemie]

There isn’t supposed to be any eulogy during a Mass in the first place. If this eulogy was taking place after the Mass, I don’t see what the problem is, though I don’t know the words to “Bonne Fete”.

“Bonne Fête” is “Happy Birthday”. Same tune, same words usually (sometimes ‘to you’ is replaced by the person’s name). While not something I’d want sung at my funeral (I’d prefer “Wolverton Mountain” ), I think if the priest is going to allow a eulogy then he has to be prepared to put up with the contents he’s going to get.

 

[benedictgal]

Here is what the GIRM (revised for the United States and now in effect) states on the question of the Funeral Mass:

Masses for the Dead

1. At Funeral Masses there should usually be a short Homily, but to the exclusion of a funeral eulogy of any kind.

The documents also do not allow for secular music to be used in the Mass.