The annual Animatic screening of the 4th year works-in-progress will take place tomorrow at 10 AM in J102. The screening will be about three hours long. Please note that the groups will be presented in reverse order at this screening.
There's also a special Holiday screening of Pixar's Oscar nominated short, Sanjay's Super Team, along with the classic 80s animated film, The Snowman. A151, 2 PM. Kaj Pindal will be present to answer discuss these films.
I just received this email from a young lady who is interested in expanding her experience of writing music for animation. You can check out her demo reel at the vimeo link in her email. This might be of special interest to those of you who have had some trouble locking down a partner at U of T. ---------------------------------------------- Dear Bruno Degazio,
My name is Emily Klassen and I'm a film and television composer. I am looking to pursue composing for animation, so I'd be very interested in working on any animation projects you may need original music for-- student or otherwise. Last summer I won an award from SOCAN for an animated opening credits sequence, which can be viewed at the start of my A/V demo reel.
Currently, I am one of only 3 composer residents in the Canadian Film Centre's Music Residency program, and I recently got accepted to attend Berlinale Talent Campus 2016. I am experienced and easy to work with, and have scored features, shorts, corporate videos, etc., but am most interested in getting into the world of animation and developing ongoing collaborative relationships with emerging animators.
Media Arts student Steven Roberts is again offering to help any 4th Year students assemble and mix an effective soundtrack for their Senior Project Film.
I know that some of you are still looking for a composer, so you might want to try out Steven in that respect as well, either as composer himself or as music editor creating an effective temp track.
Many of you know Tony Tosti from the 3rd Year Sound Design course. Tony is with us this week to help you with two aspects of the sound design for your film.
1. Collaborating with Your Composer - Tony Tosti
The first is the Wednesday Lecture, at the usual time, 11 am. Tony Tosti will give a talk entitled "Collaborating with Your Composer." He'll attempt to walk with you through the process of effectively communicating your musical intentions for your film to your composer, avoiding the common pitfalls and misunderstandings.
2. Adobe Audition Refresher and Soundtrack Discussion - Tony Tosti
At 2 pm, we have our workshop in A151. Tony Tosti is again on hand to give you a refresher course on the how to use Adobe Audition, and how to mix for effective presentation in the SCAET Theatre. Bring your work-in-progress soundtracks (in Premiere, Audition, or already mixed in a Quicktime file) for specific advice from Tony.
Via Tony Tarantini at the recent Creative Talent Network Animation Expo -
These actors are interested in doing voice-over or character voices for your films. They seem to be from Los Angela and Miami respectively, but I'm sure some arrangement can be made online to send and receive your files.
As your film concept begins to take shape cinematically in the form of your Leica Reel,/Animatic/Pose Reel, now is the time to establish the essential musical character of your film via the use of a temp music track.
THE INDUSTRY APPROACH
Unless you have a composer already signed on to provide you with music, I would suggest that your first attempt at a temp music track involve a review of film soundtracks in a style or genre similar to your intended project. For example, If your story is a comic prehistoric adventure, then Alan Silvestri's score to The Croods will probably give you some ideas, and may provide you with a track or two that can be "re-purposed" for your film. This approach is universally used in the film industry in the early stages of a project.
The Croods - Soundtrack CD
As the world's largest music retailer, the ITunes Store is an ideal tool for this tactic. Its main attraction is that you can review a huge range of possibilities free of charge, because up to 90 seconds of any musical track is playable as a free preview. And if you decide that a particular music track works for your film you can buy an un-copyprotected file immediately for just 99 cents.
Regarding the copyright aspects of this approach, it is perfectly legal under the Fair Use (aka Fair Dealing) provisions of US and Canadian copyright law to use these commercial recordings as Temp Tracks. The operative word here is "temp". Your musical choices cannot be used for public presentation outside the academic context. However, well-chosen temp music can be a useful stand-in during the early stages of production, and will also make an excellent guide for your future composer to work with.
LICENSED MUSIC - CREATIVE COMMONS AND OTHERS
In addition to the industry approach just described, there are many websites that will provide licensed music for free or for a relatively small fee. The most common arrangement for "Free" licenses is via Creative Commons. Usually the required "payment" involves simply giving credit to the creator of the music. Sometimes there is a restriction on commercial use as well, so be sure to read the fine print (i.e. the type of Creative Commons license imposed.) Most of the websites listed below offer music under Creative Commons licenses. The Internet Archive and Jamendo are both quite good in this respect.
There are also many websites that offer original music that can be easily licensed for use in film. Usually the costs are relatively low ($25-$99) and the legal arrangements are very simple, so that everything can be done online with a few clicks (and a credit card number!) Two websites that offer some an interesting range of music this way are WithEtiquette and the Vimeo Music Store.
VIMEO MUSIC STORE -- BROWSER
Of course, here at Sheridan we also have the Cyclops Music Library server, where technologists Mario Positano and Rick Andersen maintain a listing of approximately 10,000 titles of stock music, for which the college pays a flat fee each year on your behalf.
Below is a list of just a few of the many places online which can provide Creative Commons and other licensed music: Jamendo - Jamendo has a LOT of free stuff. Try it first.
The Internet Archive: Mostly older material,including historical recordings and soundtracks that have fallen between the cracks of copyright law and are therefore free.
Vimeo Music Store- mostly commercial ($99 for a festival license) but also has free (Creative Commons Share-Alike License)
SoundCloud - online file locker for audio. Nice player software, and many items licensable for the asking.
Overview | Music | Musopen - recent site with only copyright-free material. Mostly old recordings and/or government produced. With Etiquette - collective of alternative musicians who make their music available for low license fee. songfreedom.com - commercial stock music site
UniqueTracks Inc. - commercial stock music site, good selection, low rates ($40)
This week we have two events focusing on Acting & Performance in animation courtesy of Stephen Barnes. In addition, Tony Tarantini will give us a primer on the basic logistics of Industry Day. Not to be missed.
Wednesday 11 am J102 First up in the Wednesday lecture is the Industry Day primer from I.D. director Tony Tarantini, who'll explain how it works, and answer many of the questions you probably have on your mind.
This is followed by Sheridan's Stephen Barnes who offers his insights into acting as applied to animation. Stephen does this in a way that might be new to you - carefully studying the subtle cues used by actors in live-action film and television. Steve's talk, titled Inspired Acting: A Study of Great Moments From Great Actors, is essential viewing. It's also very entertaining, as Steve peppers the talk with many fascinating and unusual film clips.
Wednesday 3 pm, A361
This is followed at 3 pm by an introduction to the Video Reference system that we have set up in the 4th Year studio. Stephen Barnes is again in charge, showing us the basic usage of video reference for animation. It would be great to have someone perform a character action scene from their film for the purpose of demonstration. Any volunteers?
Raffi Altounian is a classical guitar player and teacher at the Royal Conservatory. He's also interested in writing music for animated film.
Raffi is a virtuoso guitarist and performs regularly with his group, consisting of guitar (of course), violin, clarinet, bass and percussion. They perform Raffi's arrangements of a wide variety of music, ranging from Ravel to Oscar Peterson to Radiohead. You can hear them play on his Youtube Channel:
This week's lecture and workshop both come courtesy of renowned layout artist Terry Lenko.
Terry's work includes the layout for TV series and theatrical films such as Sidekick (2010-11), Curious George (2006), and Ann of Green Gables (2000). He has also been a production designer for Backyardigans (2006) and has worked for studios such as Nelvana and Yowsa.
Terry has taken some time away form his busy schedule at Nelvana to talk to us about the topic of Professional Design for Layout (Wednesday, 11 am, J102). He'll also be on hand to assist you with your own layout design in the workshop (A151 at 2 pm.) The layout lecture and workshop are very timely because of the Animatic deadline (Milestone 6, Week 10) which is mainly about layouts and character poses (for 2D projects.)
Tomorrow is the day of our visit to the University of Toronto Faculty of Music to meet up with the students of the Film Composition Class. Note that due to this trip there will be no lecture or workshop. EVENT: Sheridan - University of Toronto Meet & Greet.
DATE: Wednesday, November 18, 11 am - 4 pm
PLACE: Faculty of Music, University of Toronto,80 Queen’s Park Crescent(behind the Royal Ontario Museum) - Walter Hall, located in lower basement level
Quick Q& A:
QUESTION: If the music provided to me doesn't work, do I still have to use it in my film?
ANSWER: No. As film-maker and director, such decisions are ultimately your responsibility. If the music doesn't work out you can revert to your temp music or find other licensable music to use.
However, you are still obligated to provide your student partner with a finished copy of your film using their music, for their own personal use in a demo reel. QUESTION: What should I bring to U of T?
ANSWER: The most important thing to bring is an up-to-date copy of your Leica Reel. Stick to easily playable formats such as Quicktime and avi. Or bring a copy on your cellphone, tablet or laptop. This is important because the 2nd part of the Meet & Greet involves you attempting to enlist the involvement of your selected musicians by showing them your film.
It would also be good to bring a notepad or tablet to take notes regarding the various musicians as they play their music.
QUESTION: Can I partner with several student composers and choose the best music?
ANSWER: Due to the big imbalance in our numbers (55-60 animators, 15-20 composers) it is not possible to partner with more than one composer.
QUESTION: How Do I Get There?
ANSWER: BY PUBLIC TRANSIT - take Go Train from Oakville station to Union Station - take University Subway line north to Museum Station ( 5 stops) - exit from station to west side of University Ave (Queen’s Park Crescent). - the EJB will be straight ahead, adjacent to the R.O.M. and behind the former Planetarium building. - once inside the main lobby of the EJB, take the elevator or stairs to Walter Hall in the lower basement level.
There is a Go Train from Oakville to Union Station every 1/2 hr between appr. 8 am and 10:26 AM. The 9:56 am or earlier train will get you there with enough time to find your destination.
QUESTION: What Happens after the Meet & Greet? ANSWER: The first and most important thing is for you to secure a commitment from your chosen composer. Stay in touch via email, SMS, Facebook or whatever and make sure both you and they understand the nature of the commitment, which will follow this timeline next semester: Week 4, 2016 - Music Spotting Session, Sheridan College, 4th Year Studio Week 7, 2016 - Demo Music Delivery deadline (via internet)
Week 13, 2016 - Final Music Delivery deadline (via internet)
Here are instructions relating to next week's trip to the University of Toronto Faculty of Music, Film Composition Class. Please read carefully the directions and instructions relating to Stage 1 (below).
Note that there will be no lecture or workshop on Wednesday November 18 because of this trip.
DATE: Wednesday, November 18, 11 am - 4 pm
PLACE: Faculty of Music, University of Toronto,80 Queen’s Park Crescent(behind the Royal Ontario Museum)
The easiest way to get to the University is by TTC. Take the University subway line to the MUSEUM Subway stop. The Faculty of Music is behind (i.e. southwest of) the Museum. Don't confuse the Faculty of Music with the Royal Conservatory of Music! The Royal Conservatory is on Bloor St., while the Faculty of Music is on Queen's Park. There is a Go Train from Oakville to Union Station every 1/2 hr between appr. 8 am and 10:26 AM. The 9:56 am or earlier train will get you there with enough time to find your destination.
DIRECTIONS
BY PUBLIC TRANSIT - take Go Train from Oakville station to Union Station - take University Subway line north to Museum Station ( 5 stops) - exit from station to west side of University Ave (Queen’s Park Crescent). - the EJB will be straight ahead, adjacent to the R.O.M. and behind the former Planetarium building. - once inside the main lobby of the EJB, take the elevator or stairs to Walter Hall in the lower basement level.
BY CAR - QEW to Gardiner Expressway - Gardiner Expressway to Spadina exit - Spadina Ave. north to Harbord St. - turn right (east) on Harbord St. - paid street parking is available on Devonshire Place and in paid lots in the vicinity.
SHERIDAN / UT MUSIC COLLABORATION
2015-16 IMPORTANT DATES:
STAGE 1) Composer Demos and Meet & Greet - November 18, 11-4 pm University of Toronto, Faculty of Music (Edward Johnson Building), Walter Hall This is the opportunity for Sheridan student animators to meet with the UT student composers. Each UT composer will present an example of their recent music that gives a sense of musical style. Sheridan animators will then have a chance to meet them individually and present their project in the form of their Leica Reel. NOTE: If you do not attend this session you will not be able to work with one of the student composers. Sheridan students, please bring the following to this session:
pen & notepad (for noting names and contact info)
your Leica reel on memory stick, tablet, etc.
your laptop if you prefer
headphones
Note that you must commit to a working partnership within one week! Thereafter it is your responsibility to stay in contact with each other via email, SMS, telephone, etc.
STAGE 2) Music Spotting Session - January 2016 (precise date & time TBA) Sheridan College, 4th Year Studio
This is the time for Sheridan animators to sit down with their UT composer and carefully discuss all the musical requirements for the film. Sheridan students, bring your updated Leica reel with temp music carefully laid in. Be prepared to discuss the following:
UT composers will deliver a demo recording of the musical score to their Sheridan animator by this date. An ftp site is available to facilitate exchanging large files. Speak to Technologist Mario Positano - < mario.positano@sheridanc.on.ca > about how to access the ftp site. Commercial/free services like DropBox.com also work well.
This week's Lecture and Workshop are both given to presentations from Toronto's Guru Studio, producers of Justin Time, Paw Patrol, Ever After High and other animated children's TV programs.
A highlight of the lecture (11 AM, J102) is sure to be Sheridan grad Brandon Scott's (BAA, 2007) presentation of current design projects. Brandon is the creator of Justin Time, Emmy award nominated and winner of the Canadian Screen Award for best preschool series.
There is also a master-class style workshop (A151, 2 PM) where Guru's Andrew Strimaitis will offer feedback on your ToonBoom and Maya animation/design projects.
Please note that students from 3rd Year and the Computer Animation program have been invited to attend these events, seating permitting.
Frank Falcone, President/Creative Director: Intro/Studio Overview
Rachel Marcus, Development Executive: IP Development at Guru
Brandon Scott, Art Director: Creating Justin Time, current design projects
Yurie Rocha, CG Supervisor: Upcoming 3D projects at Guru
Andrew Strimaitis, Masterclass in ToonBom Harmony and Maya.
Tuesday, November 3, 2015
LEICA REEL SCREENING
I'm sure few of you need to be reminded that tomorrow morning at 10 AM is the Fall Leica Reel screening. The screening will be in J102 and lasts just short of three hours. Note the earlier than normal start time. This is your first opportunity to get a reaction from a large audience for your film, which is important feedback to help you refine your story. Be there.
I'll also have some important announcements about next week's guests from Guru Animation and about our coming trip to the University of Toronto Faculty of Music.
MILESTONE 5
There is a Milestone deadline this week whichconsists of a Performance Test & Action Analysis for students creating 2D projects. For those of you with 3D or Stop Motion projects, the Milestone consists of a full design package.
WORKSHOP
There will be no workshop tomorrow due to the length of the screening. The Workshop series reboots next week with Andrew Strimaitis from Guru who will offer his help for your ToonBoom and Maya modelling and animation.
Tuesday, October 20, 2015
October 20, 2015 - This Week's Highlights
LECTURE & WORKSHOP
This week at the Wednesday Lecture we have Maury Whyte on hand to give us an introduction to his Production Worksheet for Excel, which he has created to assist you in your own Production Planning. The Production Plan is part of a coming Milestone which requires an Asset Estimate, a Shot Breakdown and a Production Schedule, all of which Maury's software can help you with.
Also visiting will be Basil Joseph of Sheridan Health Services, giving us an overview of their offerings, as some of you have requested.
This is also the week for the Guest Leica Reel critique, which takes place in your Mentor meeting. Make sure to bring the latest and most presentable version of your reel.
Last but not least, the Wednesday workshop should appeal to those of you doing a 3D project. Our own Florian Jacot will give an introduction to the ZBrush Sculpting software in lab A151 at 2 pm.
LEICA REEL SCREENING
The class Leica Reel screening will take place on Wednesday November 4, in our usual place (J102) but beginning at 10 AM - note the early start time!
The hand in deadline for this screening is on Monday morning, November 2, at 8 am. Note that Mario will provide a SEPARATE SCREENING FOLDER for this purpose. Do not hand in your screening version to the Milestone 4 folder!
Milestone Five will come due in Week 8, when we return from the reading week break. This Milestone is different for 2D projects than for 3D and Stop Motion projects. For the former, a pair of test animations is required - a Performance test and an Action Analysis. The password is "Sheridan"
For 3D and Stop Motion projects, Milestone 5 requires and Design Package (sometime called a "workbook" or "funpack".) Contents should include, but are not limited to:
• color script
• location design sketches and color studies
• final character designs including costume & textures (3D) • lighting studies
• prop designs
Consult your Mentor for more details on what to include in this Milestone.
This week we have two events to address the design phase of the animation pre-production process. Our guest is Peter Bielicki, whose credits include Pocahontas (1995) Mulan (1998), The Hunchback of Notre Dame and Atlantis: The Lost Empire (2001). Peter will speak at the 11 am Lecture on "Guerrilla Design - Workbook Development for Short Animated Films." Peter currently operates Show Communications in Kingston, which specializes in multi-media exhibit design, art direction and direction for live action, and animated educational films.
Peter will also be on hand to review and discuss your design work at the 2 pm Workshop, "Animation Design & Workbook Critique", taking place as usual in A151.
Leica Reels due this week
This is also a big week in your production timeline because your Leica Reels are due. Discuss with your mentor the exact due date and requirements.
Looking ahead - next week your Mentor will bring a guest to view the Leica-reels with you and offer constructive criticisms and story suggestions. It's an opportunity for a fresh point-of-view and maybe some new ideas to help solve problems in the story development and visual presentation.
Creative design of the scratch track
Your soundtrack is an extremely important part of your film. A good soundtrack will make your film better, and a bad one can break it completely. The Leica reel is the right time to begin the sound development process using the creative design of the scratch track as your focus.
By creative design I mean the choices you make regarding where and what style of music to use; which story points to highlight with sound effects; what the characters or narrator sound like, etc. You're the only person who can really make these decisions at this stage. While you can get some assistance with the more technical portions of the soundtrack production (like composing the music and mixing), the creative design should be entirely yours.
The creative design is why it's so important for you to have a scratch track ready even for the earliest stages of the Leica reel. It becomes an essential tool to communicate the intention of the film both to your audience and (later in the production process) to your composer.
A quick reminder - your scratch track must include some representation for each of the following:
1. DIALOGUE
2. MUSIC
3. SOUND EFFECTS
I say representation because none of these has to be completely fleshed out at this early stage - that will happen later. But it does need to have the key voices, sound effects and music in place for this reel and for the upcoming presentation and screening.
You are invited to a Master Class with animation writer and director (and Sheridan graduate) Dean Deblois (Lilo & Stitch, How To Train Your Dragon) on Tuesday October 13, at 12 noon. The class will take place in meeting room A360 - seating is limited and is on a first-come first-served basis.
Since time with Dean is also limited, a small number of 4th Year students were selected by their Mentors based on work shown in the weekly meetings. Students will show work from their Design & Animation portfolio, and can also show storyboards or Leica reel from their 4th Year Senior Project film.
In order to give some access to Dean for all interested 4th Year students, the portfolio meetings with Dean will take place in a "Master Class" format where the audience can listen in to the discussion.
The students showing work are:
Alice Lemma
Justin Chan
Izabella Abreu
Dong Chang
Omar Elhindi
Nick Nason
The class will last one hour. Attend only if you are sure you want to spend the full hour- please refrain from entering and leaving while the class is underway.
Some of of you requested these, so Scott Caple has kindly sent me his illustrations and diagrams from last week's story board workshop with permission top post them to this blog. Thanks Scott!
Here is an offer of help for your film's voice requirements from actress Julie Sheppard. She's got a great range of character voices. Listen to her narration and animation demo reels from the page link below and send her an email if you think her voice is right for your film.
===================================== ...here is the link to my animation demo reel (where I’m the far-sighted old lady, the feisty pirate, the cheeky southern belle, the scared little girl, the bone-lovin’ doggy, the haughty sci-fi queen, and the helpful “office boy” robot):
Milestone Due: Milestone 3- Finished Boards and Script
Here are links to several excellent examples of finished storyboards and scripts appropriate for this week's Milestone, courtesy of Mentor Nancy Beiman.
I'm sure that none of you need to be reminded of the importance of the storyboard in the creation of an animated film. But I do want to remind you that this Milestone is your only chance to create your FINAL storyboards. This fact implies two important features of your storyboard at this stage: 1) The NARRATIVE is completely worked out - e.g. exposition, conflict, crisis and resolution are all presented visually. 2) The PANELS are highly readable. They will become the basis of the LEICA REEL. Here is a storyboard page from Yacheng Guo's Kongo:
Note the following about this storyboard sample:
a) The project is identified by student name and working title.
b) The version is clearly identified as "FINAL" boards. Page numbers are provided.
c) Panels are drawn using the provided template, in 16:9 aspect ratio.
d) All drawings are highly readable and suitable for conversion to Leica reel.
e) Panels are identified with Scene and Panel numbers.
f) There is a verbal description for every panel, even when there is no dialog. Editing choices (e.g. cut or dissolve, camera moves) are also indicated when relevant.
g) Although not evident in a single page, these panels constitute a portion of a FULLY WORKED OUT NARRATIVE.
The script is an important stage because it allows your narrative imagination to become concrete in a form that is very easy to edit and modify. When done well, as in this example, it will become an important reference throughout your production.
Here is a sample page from the script portion of the assignment. This example comes from Lisa Lanese's Get Hot:
Some points to note:
a) The page uses standard script formatting, e.g. Scene Heading left justified in capitals, dialog centred and preceded by character name in caps, etc.
b) The script is dated. Working title and author are clearly stated.
c) Although dialog is a small component of this script, there is a full page of description of many other important cinematic details.
d) Scene Locations are succinctly but unambiguously described, e.g. EXT. OUTSIDE A VAUDEVILLE THEATRE, 1925, NIGHT
e) Many cinematic devices are noted appropriately, e.g. "FADE IN, Truck toward theatre," ; "SLIGHT PAN to the right."
f) Sound effects and music are noted when relevant to the cinematic presentation.
g) Much of the character activity which will eventually be animated is noted verbally, e.g. "Charlie enters from screen right nervously holding a martini glass."
Nicole Baumann has done lots of great voice work for animation and advertising. She's offering her services for your films again this year, as she has done for the past couple of years.
Documentarian wipes out Warner’s $2M “Happy Birthday” copyright
From court records in Good Morning to You v. Warner/ChappellMore than two years after a documentary filmmaker challenged the copyright to the simple lyrics of the song "Happy Birthday," a federal judge ruled Tuesday that the copyright is invalid.
The result could undo Warner/Chappell's lucrative licensing business around the song, once estimated to be $2 million per year. The company is likely to appeal the ruling to the US Court of Appeals for the 9th Circuit.
US District Judge George King held that the two sisters who authored the song, Patty and Mildred Hill, gave the melody and piano arrangements to Summy Co., which was eventually acquired by Warner/Chappell. But King wrote that there's no evidence they ever transferred a copyright on the words.
"Defendants ask us to find that the Hill sisters eventually gave Summy Co. the rights in the lyrics to exploit and protect, but this assertion has no support in the record," King wrote. The idea that any of the Hill sisters' deals with Summy resulted in a transfer of the copyright on the lyrics is "implausible and unreasonable."
Good Morning To You
The lyrics of "Happy Birthday" are based on an earlier children's song called "Good Morning To You." There's wide agreement that the Hill sisters sold "Good Morning To You," along with other songs, to Clayton Summy in 1893.
"Good Morning To You" has the same tune as "Happy Birthday." Its lyrics are:
Good morning to you
Good morning to you
Good morning dear children
Good morning to all.
The origin of the "Happy Birthday" lyrics is unclear, but they were written after "Good Morning To You." Newspapers reference the singing of a Happy Birthday song in 1901 and 1909, and "Happy Birthday" appeared in a songbook in 1911, without crediting anyone with the lyrics. 1920's songbooks similarly published the work without a credit, with one exception.
In Warner's telling, the Hill sisters held onto common law rights to the song for decades, then transferred them to Summy, who registered the "Happy Birthday" lyrics in 1935. That's the copyright registration that counts, in their view, which means Warner would have owned the lyrics until 2030, since corporate copyright terms were later extended to 95 years.
Who's the real author?
Lawyers representing plaintiffs, including filmmaker Jennifer Nelson, who made a film about the "Happy Birthday" song, challenged "nearly every aspect of this narrative," the judge noted. Nelson and her lawyers said the lyrics could have been written by someone else, the common law rights had been lost from repeated publications, and there was never a proper transfer to Summy.
King found merit in multiple prongs of the plaintiffs' argument. In his view, it isn't clear what was copyrighted in 1935, since the "new matter" mentioned a piano arrangement—so the Copyright Office may not have seen Summy as trying to copyright the song lyrics at all.
"[T]he registration is flawed in any event," wrote King. "Given this facial and material mistake in the registration certificate, we cannot presume (1) that Patty authored the lyrics or (2) that Summy Co. had any rights to the lyrics."
As to the authorship matter, King thought the situation was muddled enough that a trial might be appropriate. The 1911 and 1920s songbooks were copyrighted by other authors, and Patty Hill never publicly claimed she had written "Happy Birthday" until she was deposed in a 1935 copyright lawsuit. One possibility is that Hill wrote the song, and then waited 40 years to take credit for it.
On the other hand, "a reasonable fact finder could also find that the Happy Birthday lyrics were written by someone else... and that Patty’s 1935 claim to authorship was a post hoc attempt to take credit for the words that had long since become more famous and popular than the ones she wrote for the classic melody," King wrote.
King also ruled that the 1927 songbook that plaintiffs called a "Smoking Gun," called The Everyday Song Book, wasn't the slam dunk they thought it was. "As Defendants point out, there is no direct evidence that the Hill sisters had authorized Summy Co. to grant permission for the publication of the lyrics in The Everyday Song Book."
Three Agreements
The Hill sisters, and later their foundation, struck three deals with the Summy Co. The Second Agreement, described only in pleadings from a 1942 lawsuit, is what allegedly transferred the rights of "Happy Birthday."
The First Agreement didn't include rights to movies or dramatic performances, since at the time of that deal "sound motion pictures were unknown commercially." The Second Agreement remedied that, giving Jessica Hill, sister and heir to Patty and Mildred Hill, an entitlement to 50 percent of revenue from performance of the works worldwide.
From what little is known about the Second Agreement, the idea that it related to the lyrics "is not supported by any explicit description of the agreement" and is "implausible," King wrote. Warner/Chappell's argument that the lyrics could have been transferred in the Third Agreement is "circular," he concludes. The Third Agreement is in the court record and "contains no reference to the transfer of the 'Happy Birthday' lyrics."
That means Summy Co. never got the rights to the lyrics, and they're now in the public domain.
The lawsuit also has requested restitution of the millions in licensing fees paid by various companies and individuals over the years. A spokesperson for the plaintiffs told The Associated Press that issue will be resolved at a later time.
"We are looking at the court's lengthy opinion and considering our options," Warner/Chappell told AP in a statement.
Jennifer Nelson had to pay a synchronization license of $1,500 to Warner/Chappell to include the song in her movie. Another artist who was added as a named plaintiff later, musician Ruypa Marya, told AP she had to pay $455 to include "Happy Birthday To You" in a live album in which her bandmates sang the song to her.
"I hope we can start reimagining copyright law to do what it's supposed to do—protect the creations of people who make stuff so that we can continue to make more stuff," Marya told the newswire. Joe Mullin / Joe Mullin has covered the intersection of law and technology — including the world's biggest copyright and patent battles — for a number of years, mostly at The American Lawyer.
First up in the Wednesday lecture is the Industry Day primer from I.D. director Tony Tarantini, who'll explain how it works, and answer many of the questions you probably have on your mind.
This is followed by Sheridan's Stephen Barnes who offers his insights into acting as applied to animation. Stephen does this in a way that might be new to you - carefully studying the subtle cues used by actors in live-action film and television. Steve's talk, titled Inspired Acting: A Study of Great Moments From Great Actors, is essential viewing. It's also very entertaining, as Steve peppers the talk with many fascinating and unusual film clips.
Wednesday 3 pm, A361
First up in the Wednesday lecture is the Industry Day primer from I.D. director Tony Tarantini, who'll explain how it works, and answer many of the questions you probably have on your mind.
Wednesday 3 pm, A361
