My Plan, Do, Review kit continued to sell, but I had another collection of useful templates bubbling in my mind. Before I had even ever started this blog, I had been using a system called the Ultimate Life Binder as a way to keep track of my life. It was my central hub for setting goals, measuring my progress, and generally just being aware of where I was, where I was going, and what I was working on a day to day basis. It was comprised of life-management printables that I had printed out from my findings on the web and some that I had created myself to suit me even more personally.
Warner/Chappell disputed the evidence, arguing that unless there was "necessary authorization from the copyright owner", the "Happy Birthday" lyrics and sheet music would still be subject to common law copyright as an unpublished work, and that it was unknown whether the "special permission" from the Summy Company covered "Good Morning to All", "Happy Birthday", or both, thus alleging that the publication in The Everyday Song Book was unauthorized. The company also argued that it was not acting in bad faith in withholding the evidence of the 1927 publication.
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Warner/Chappell Music acquired Birch Tree Group Limited in 1988 for US$25 million. The company continued to insist that one cannot sing the "Happy Birthday to You" lyrics for profit without paying royalties: in 2008, Warner collected about US$5,000 per day (US$2 million per year) in royalties for the song. Warner/Chappell claimed copyright for every use in film, television, radio, anywhere open to the public, and for any group where a substantial number of those in attendance are not family or friends of whoever is performing the song. Brauneis cited problems with the song's authorship and the notice and renewal of the copyright, and concluded: "It is almost certainly no longer under copyright."
On June 13, 2013, documentary filmmaker Jennifer Nelson filed a putative class action suit in federal court for the Southern District of New York against Warner/Chappell in the name of her production company, Good Morning to You Productions. As part of a documentary she was making about the song and its history, she had paid US$1,500 to secure the rights. Her complaint relied heavily on Brauneis's research, seeking not only the return of her money but all royalties collected by the company from other filmmakers since 2009. A week later a similar case was filed in the Central District of California, Rupa Marya v. Warner Chappell Music Inc, Case No. 2:13-cv-04460. Five weeks later, Nelson refiled the case there, and the cases were combined. As of April 2014, Warner's motion to dismiss had been denied without prejudice, and discovery began under an agreed plan with respect to Claim One, declaratory judgment as to whether "Happy Birthday to You" is in the public domain. The Motion Cut-Off as to Merits Issues on the Claim One deadline was November 7, 2014. After that, the court was expected to rule on the motion for summary judgment as to the merits issues on Claim One. A jury trial was requested.
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If something is a HUGE seller for you and it is not evergreen, then for sure it is worth updating frequently yourself or by hiring a Virtual Assistant to help. I am not saying you should make everything evergreen or not, just that if you want to keep it truly passive it is best to pick something that is going to stay “in fashion” for quite a while.
About Karamoontreasures: Karamoon Treasures offers unique home goods and challenging puzzle books. We want you to be delighted with your purchase. We curate our selection of specialized ceramic coffee mugs, apparel and instantly downloadable digital puzzle books that are perfect for gift-giving, holidays, special occasions, and everyday enjoyment.
Prior to the lawsuit, Warner/Chappell had been earning $2 million a year licensing the song for commercial use, with a notable example the $5,000 paid by the filmmakers of the 1994 documentary, Hoop Dreams, in order to safely distribute the film. On February 8, 2016, Warner/Chappell agreed to pay a settlement of $14 million to those who had licensed the song, and would allow a final judgment declaring the song to be in the public domain, with a final hearing scheduled in March 2016. On June 28, 2016, the final settlement was officially granted and the court declared that the song was in the public domain. The following week, Nelson's short-form documentary, Happy Birthday: my campaign to liberate the people's song, was published online by The Guardian.