Looks like we can play Happy Birthday without fear now...

Bob Holo

I haven't gigged in quite a while, but I remember that at least a couple times each year, we'd get asked to play happy birthday. So we'd look around in fear to see if anyone in the pub was sitting alone, nursing a beer and writing down our setlist... and then we'd shrug and smile politely at the birthday guy/gal and play about 20 seconds of a happy-birthday-like intro and then segue into Swing42 or something with a similar vibe.

Well... if that's what you've also been doing... it looks like now when you're asked to play happy birthday, evidently you can say: "Yes, absolutely!" and do a proper job of it. It turns out that none of the SOBs harassing live musicians over playing that song actually held a valid right to do so.

http://www.latimes.com/local/lanow/la-me-ln-happy-birthday-song-lawsuit-decision-20150922-story.html

https://www.eff.org/deeplinks/2015/09/happy-birthday-everybody-victory-public-domain-asterisk

Scoredog

I'm still afraid to play it...always will be.

Stringswinger

That reminds me of an old joke:

A Bandleader has a fat New Years Eve Gig and the night before his lead player, a reedman calls in sick. The Bandleader calls all over, but every reedman in town is booked. His bass player gave him the number of a reedman that he heard about, but had never played with. The bandleader called this reedman and finds that the reedman is available, so he hires him.

The reedman shows up to the gig, dressed the part and is comfortable early. The bandleader is pleased. The Bandleader introduces himself and the rest of the band. The reedman says "You should know that I only can play two tunes". The Bandleader's heart sank. He asks the reedman what the two tunes that he knows are.

The Reedman replies: Lush Life in all 12 keys and Happy Birthday in F . :-)

Jim Kaznosky

Funny. I probably play it 3 times a week at a restaurant gig. Once we see some kind of dessert come out with a candle, we start playing it, from wherever we are in a tune and in whatever key. It certainly keeps us on our toes coming out of a latin tune in a minor key to happy birthday and then back into the tune.