题目内容

【题目】Filmmaker Jennifer Nelson had to pay $1,500 to have “Happy Birthday to You” sung in the movie she’s making. The money went to Warner Music Group, a company that claims to own the copyright on the song. A copyright is the legal right to use or sell a creative product such as a song, a TV show, a book, or a work of art. Warner has claimed the copyright for “Happy Birthday to You” since 1988.

“I never thought the song was owned by anyone,” Nelson said in an e-mail to The New York Times. “I thought it belonged to everyone.”

Nelson’s movie is a documentary（纪录片）— a film that uses pictures and/or interviews with people to create a factual report of real-life events — and is actually about the history of the “Happy Birthday” song itself.

Two sisters named Mildred and Patty Hill wrote a song called “Good Morning to All” in 1893. Over a short period of time, people began to sing the words “happy birthday to you” in place of the original lyrics to the tune of the Hill sisters’ song.

A number of history experts say that there is no record of who actually wrote the “Happy Birthday to You” lyrics（歌词）. Historians also say there is no way to know when the general public began singing the “Happy Birthday” song, but they believe it was being sung by the public long before it was printed and owned by a company.

Nelson’s lawyers say this piece of music’s history proves that “Happy Birthday to You” belongs to everyone in the general public. That would mean Warner Music Group has no right to charge anyone a fee to sing the song in any setting.

Experts estimate that Warner/ Chappell, the publishing division of the Warner Music Group, has made about $2 million a year from licensing fees for “Happy Birthday to You.”

Nelson’s lawyers are asking a court in New York City to order Warner/Chappell to return fees they have collected over the past four years for use of the “Happy Birthday” song.

【1】Jennifer Nelson had to pay Warner Music Group to ____________.

A. own the copyright on a song

B. have it write a song for her movie

C. have it play a song in her movie

D. have a song sung in her movie

【2】The history experts’ statement can prove that the “Happy Birthday” song ____________.

A. does not belong to Warner Music Group

B. has more than 200 years’ history

C. was initially owned by another company

D. has always been very popular

【3】According to Nelson’s lawyers, to sing the “Happy Birthday” song, people ____________.

A. should pay the Hill sisters

B. should pay Warner Music Group

C. need not pay for any purpose

D. need not pay except for commercial use

【4】If the court supports Nelson’s lawyers’ claim, ____________.

A. she can obtain the copyright on the song

B. Warner will return about $8 million

C. Warner will have to pay her for her damages

D. she only needs to pay a little money to use the song

【答案】

【1】D

【2】A

【3】C

【4】B

【解析】

试题分析: Jennifer Nelson因为在电影中使用了《祝你生日快乐》这首歌，需要付1500美元给华纳音乐集团。因为华纳音乐集团说他们拥有这首歌的版权，但是历史学家认为在这首歌版权归于华纳集团之前已经流行开来了。因此Jennifer Nelson的律师提起了诉讼。

【1】D考查细节理解。根据Filmmaker Jennifer Nelson had to pay $1,500 to have “Happy Birthday to You” sung in the movie she’s making，可知D选项正确。故选D。

【2】A考查细节理解。根据they believe it was being sung by the public long before it was printed and owned by a company可知历史学家认为这首歌不属于华纳音乐集团。故选A。

【3】C考查细节理解。 根据That would mean Warner Music Group has no right to charge anyone a fee to sing the song in any setting可知律师认为华纳音乐集团无权收取费用。故选C。

【4】B考查推理判断。根据Nelson’s lawyers are asking a court in New York City to order Warner/Chappell to return fees they have collected over the past four years for use of the “Happy Birthday” song可知如果胜诉，华纳音乐集团需要退回四年的使用费。且根据about $2 million a year from licensing fees for “Happy Birthday to You.”可知每年约2百万美元，故四年为8百万美元。故选B。

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