One scene in "Eyes" provides a good example of the effect these changes had on its copyright status. King's staff is shown singing "Happy Birthday" to him when he turned 39 in 1968. That familiar tune, however, was copyrighted by noted educators and sisters Mildred Hill and Patty Smith Hill in 1935 and would have entered the public domain in 2010 if changes in copyright law hadn't extended it until 2030.
According to Dave Olsen, director of business affairs and interim CEO of Warner Bros. Publications, it brings in more than $1 million a year to Warner Chappell, the publishing arm of the Warner Music Group, which acquired the popular song when it bought Summy-Birchard Music. Without addressing "Eyes" specifically, he added that the rights to use "Happy Birthday" in a documentary probably would cost $3,000-$5,000 but that he "is always open to negotiation."
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"The situation of 'Eyes on the Prize' is a perfect example of why copyright law isn't working for the public," Cheng said. "It's ridiculous that this documentary is languishing in copyright purgatory, instead of being shown in classrooms. 'Eyes' on the Screen is a perfect example of how people can bring attention to bad copyright law and start turning the situation around."
(Source: Reuters)
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