Assignment: You are to decide what amount of damages, if any, Bobby Bandleader owes for singing the song in the past, and whether or not he can continue to do so in the future, absent of reaching a licensing agreement with Johnny Singstealer. Please write a one-page ruling that details your answer and explains how and why you reached the conclusion that you did.

The issue on the fact pattern of the assignment deals with copyright laws of the United States. For purposes of the one-page ruling that you have to write, I am providing you with the legal background and possible arguments in order for you to arrive at your own conclusion and complete the assignment.

Summary of the Facts of the Case:

Bobby Bandleader has been singing his own version of Happy Birthday To You for over twenty years at his restaurant. In Bobby's version of the song, he uses the same tune, but has different wordings of the song. Bobby's version of singing Happy Birthday To You became very popular and has contributed to the success of his restaurant.

Johnny Singstealer is the copyright holder of Happy Birthday To You. The copyright has not expired and is still valid. Johnny discovered the use of his song by Bobby Bandleader and has sued Bobby for copyright infringement. Bobby is seeking $1million for damages and an injunction against any further performances by Bobby.

Copyright Laws:

The copyright laws of the United States is encoded in Title 17 of the United States Code. The website to access for the copyright laws is: http://www.copyright.gov/title17/

Below are the applicable sections in the code that applies to this case. I am making annotations in blue why I feel the section applies to this case:

Section 101 - Definitions

A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization,