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.
This week's Milestone includes a project treatment, a type of documentwhich you might not be familiar with. While there are some guidelines for it in the 4th Year Handbook, I have found this quick guide to be helpful.
As you can see, it's not really that complicated. The first few items require only very brief answers. Your main effort should go into items seven, eight and nine, the Three Act Story Summary.
If you want more information go to Marilyn Horowitz's blog at the address below.
This one to two page document should read like a short story and be written in the present tense. It should present the entire story including the ending, and use some key scenes and dialogue from the script it is based on.
What Should Be in the Treatment? 1.Working Title 2.Your name and contact information 3.A logline. (one or two sentences MAX. see example below) 4.What makes this a good project? (Its "hook" or rationale.)
5. Genre, target audience, style, length. 6.Introduction to key characters THREE ACT STORY SUMMARY 7.Act 1 in one paragraph. Setup the scene, characters and main conflict. 8.Act 2 in one paragraph. Dramatize how the conflictleads to a crisis. 9.Act 3 in one paragraph. Dramatize the final conflict and resolution.
Example Logline: The Ramen Girl (2008): An aimless American woman, abandoned by her boyfriend in Tokyo, impulsively decides to train as a ramen chef under a master who is impossible to please.
This week we have a lecture by our Mentor Emeritus Kaj Pindal. The lecture is entitled "Laying the Tracks for a Successful Film", and Kaj is one of the few animators with the breadth of experience in the film-making process to take the long view. J102 at 11 am.
The workshop is given by Melanie Rose, a fantasy artist and freelance book illustrator with a fabulous portfolio. She also an experienced storyboard artist.
I was just forwarded this email from Los Angeles based composer-pianist Josh Moshier, who is available to write music for your film. You can check out his IMDB page here:
I'm a composer based in Los Angeles and a great admirer of your animation program. I was wondering if you have any recommendations about how to connect with any Sheridan students in need original music for their projects? I love animation, and most recently scored Celia Bullwinkle's "Sidewalk" which has developed a nice following online. Any thoughts you can offer are much appreciated. Thank you for your time!
Kurt Vonnegut was the author of Slaughterhouse Five, Cat’s Cradle , and many other serious and funny science fiction novels that have since become classics. He was one of the most admired and widely-read twentieth-century American writers.
He gave many lectures and seminars on the craft of writing, some of which are now available online. Below, I’ve paraphrased a few of his tips that I feel are most relevant to developing a good story for your 4th Year films.
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• Give the reader viewer at least one character he or she can root for.
• Every character should want something, even if it is only a glass of water.
• Every sentence shot must do one of two things — reveal character or advance the action.
• Start as close to the end as possible.
• Make awful things happen to your leading character so that the reader can see what they are made of.
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You can read more of Vonnegut’s writing tips here:
Voice Actor Patrick Sweeney is offering his acting and studio services to Sheridan BA students free of charge. Patrick has done many of our student films in the past few years, and he always does a great job. You can hear some of his work in the demo links at the websites listed below.
-- Bruno -------------------------------- 416.520.8786
If anyone is interested in using my services the following process can be followed:
1. Contact me by email or phone to discuss their project. Cell 416 520-8786, email pat@patsvoice.com.
2. Tell me as much about their vision/project as possible, their expectations of us, any character details/pictures etc..... If the student requires a female voice actor, Lori Scarfarotti is available and very versatile.
3. After discussing the project we can set up a time to record a raw audio file in mp3, wav or aiff etc...
4. On the set appointed recording date, the student can direct me over the phone or via Skype. During the session I can provide the student with as many takes as they wish throughout the recording process. My goal is to make sure their characters come to life and to ensure their expectations are met to produce a successful film.
5. Once the recording session is complete I will then send the student the raw file via FTP for them to edit within 24-48 hours depending upon my schedule.
If the students wish to learn more about me or to listen to my demos they can visit my website at the following link: http://www.patsvoice.com
Ars Technica has published a critique of the Glen Keane VR demo for the Future of Storytelling event.
Apparently Keane's video was somewhat misleading in avoiding the 3D aspect of the technology because of the distortions that result in the drawing. From the article's description of using the HTC Tilt Brush, the VR drawing system employed by Keane in the video:
"Not only is your stick person floating in three dimensions, with your every splot of paint enjoying its own X-, Y-, and Z-axis properties, but its parts are probably all floating at different points in the air. You've just drawn on something that has no solid stopping point, probably for your first time (unless you're a sky artist, in which case, we'd love to chat). And we guarantee that if Keane was seen really walking around his creation, it'd have some very weirdly hanging eyes and other details."
These criticisms might be spurious though. Decide for yourself by reading the article:
I showed a bit of this video in our introductory lecture this week, but we weren't able to watch it all due to lack of time.
It illustrates four important stages of producing an animated film, using work by the Sheridan College BA Animation graduating class of 2015. Five films are shown in three different animation media: Traditional 2D, 3D and Stop Motion.
The stages of production vary depending on the medium in use. Here's an overview as they are described in our 4th Year Student Handbook:
Medium: TRADITIONAL 2D 1. Leica Reel with Temp music, scratch dialog, sound effects
2.Animatic with final layouts and character poses; rough animation test for at least one shot
3.Rough Animation; final music and dialog
4. Final animation and post-production (i.e clean and coloured) Animation; finished audio mix
Medium: 3D
1. Leica Reel with Temp music, scratch dialog, sound effects
2. all Models built, rigging begins
3. Key Pose Reel with 50% rough animation; (aka "pop-through" reel); Rendering & Lighting tested; final music and dialog
4. Final Animation, Rendering and Lighting throughout; finished audio mix Medium: STOP MOTION
1. Leica Reel with Temp music, scratch dialog, sound effects
2. Sets, puppets and props 30% constructed
3. Finished photography - 90%; final music and dialog
4. Finished film - 100% photography; Effects and other post-production; finished audio mix
The five student films included in this video are:
The Casebook of Nips and Porkington (Melody Wang);
That One With the Robot (Erik Blohm-Gagne);
The Bright Side (Kelsey Ryan);
Defect (Xining Zhai);
Luggage (Tracy Harris)
Note that a password is required to watch the video. This is done in order to protect the copyright of the graduates who created these pieces, as many of them are actively involved in submitting this work to Festivals or negotiating with TV or web channels. The password will follow under a separate email directly to the 4th Year Mailing list.
Well, it hasn't taken long for interest in the 4th Year films to start warming up.
Sergei Koffman is a young composer currently studying music at Wilfrid Laurier University. He is a graduate of the music program at University of Toronto Schools and according to his teacher and conductor Ron Royer, he is developing into quite a fine composer and has already done some very interesting work composing music for various film projects. His email is: kofm8390@mylaurier.ca
I know that it's still way too early for you to be considering a composer, but the Leica Reel screening is only seven weeks away, and wouldn't it be nice to have some custom-made music?
These are the planned lectures and workshops for Fall 2015 semester of ANIM 45436. Note that many are not yet confirmed, so this listing is subject to change. Unless otherwise stated, lectures take place on Wednesdays at 11 am in J102, and Workshops at 2 pm in A151.
Week 1 - Sept. 9
Lecture:
- Course Introduction and Overview
- Course Policies - Introduction to the 4th Year Mentors
- 4th Year Course Handbook - From Leica Reel to Finished Film
- Stephen Barnes - ComBoom Co-Op project (tent.)
- Maury Whyte - Leica reel for Senza Luce (tent.)
- Mark Palowich - Sheridan Interstitials Co-Op project (tent.)
- Nancy Beiman - SUPERNOVA
- 2015 Ottawa Festival selections
- 2014-15 animations with U of T student music scores
- review of past Animatic reels - the good and the bad
Workshop:
Alternative Forms and Techniques for Short Animated Films
Workshop Leaders: Bruno Degazio & Trevor Davies
Week 2 - Sept. 16
Lecture:
Advanced Storyboarding - Nancy Beiman
Essential Academic Considerations for 4th Year- Bruno Degazio
Workshop:
Story Development for 4th Year Film - Using ToonBoom StoryBoard Pro
Workshop Leader: Apollo Okamura (tent.)
Milestone Due:
Milestone 1- Story Pitch and Concept Art
Week 3 - Sept. 23
Lecture: Laying The Tracks for a Successful Film - Kaj Pindal
Workshop:
Approaches To Storyboarding for 4th Year Films - Melanie Rose (illustrator for children’s books/concept artist for advertising, entertainment, and editorial industries)
Milestone Due:
Milestone 2- Story Treatment and Rough Boards
Week 4 - Sept. 30
Lecture:
“Professional Storyboarding” Presented by Scott Caple
Workshop:
Practical Storyboarding with Photoshop and other tools.
Workshop Leader: Scott Caple
Week 5 - Oct. 7
Lecture:
The Wonderful World of Color Keys - Nancy Beiman
Scratch Track Recording for your Leica Reel - Bruno Degazio
Workshop: Critique of Character Designs For 4th Year films - Enzo Avolio
Milestone Due:
Milestone 3- Finished Boards and Script
Week 6- Oct. 14
Lecture:
Guerrilla Design and Workbook Development for Short Animated Films - Peter Bielicki (tent.)
Workshop:
Animation Design & Workbook Critique - Peter Bielicki (tent.)
Milestone Due:
Milestone 4- Finished Leica (2 versions: 60 sec and full length)
LEICA REEL SCREENING (10 AM, S235 - note the early start time!)
Milestone Due:
Milestone 5 - Performance Test (2D) - Design Pack (3D and Stop Motion)
Week 9- Nov. 11
Lecture:
Preparation for University of Toronto Sound Trip - Bruno Degazio
Professional Practices for Layout - Terry Lenko (Curious George feature, series work on Franklin, Little Bear, Bob & Margaret; Production Designer on The Backyardigans, and Sidekick) (tent.)
Workshop:
Layout Critique for 4th Year Films
Workshop Leader: Terry Lenko (tent.)
Week 10- Nov. 18
Lecture & Workshop:
University of Toronto Music Trip (times for this week to be confirmed closer to date)
Milestone Due:
Milestone 6 - For 2D: Animatic Reel; - For 3D: Models and Animatic - For StopMo: Sets, Props, and Puppets @ 30% Complete
Week 11- Nov. 25
Lecture:
Animation Timing - Greg Duffel (tent.)
Workshop 2-4 pm
Rigging for 4th Year Films, Part 2.
Workshop Leader: Mark Palowich (tent.)
Week 12- Dec. 2
Lecture:
Industry Day Primer - Tony Tarantini (tent.) Inspired Acting: A Study of Great Moments From Great Actors - Stephen Barnes
Wednesday Workshop - 4th Year Studio Video Reference Area Using Video Reference for Animation - Steven Barnes (tent.)
Week 13- Dec. 9
Lecture: Tony Tosti - Working with a Composer (tent.)
Workshop:
Soundtrack Workshop and Adobe Audition refresher, with Tony Tosti (tent.)
.
Milestone Due:
Milestone 7-
2D - Production Plan 3D - Rigging Completed. Stop Mo. - Puppets (100%), Sets & Props (70%)
Week 14 - Dec. 16
Lecture:
ANIMATIC SCREENING (times for this week to be confirmed closer to date)
Workshop:
Special Christmas screening and critical discussion of Raymond Brigg's Oscar nominated short film, The Snowman
Kaj Pindal, workshop leader
The workshop is given by Melanie Rose, a fantasy artist and freelance book illustrator with a fabulous portfolio. She also an experienced storyboard artist. 
