【題目】 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 — 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. 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 toeveryone 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 a song sung in her movie

C. have it play a song in her movie

D. have it write a song for her movie

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

A. has always been very popular

B. has more than 200 years’ history

C. does not belong to Warner Music Group

D. was initially owned by another company

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

A. should pay the Hill sisters

B. need not pay for any purpose

C. should pay Warner Music Group

D. need not pay except for commercial use

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

A. Warner will return about $8 million

B. she can obtain the copyright on the song

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】B

【2】C

【5】B

【4】A

【解析】

試題分析：Jennifer Nelson因?yàn)樵陔娪爸惺褂昧恕蹲Ｄ闵湛鞓?lè)》這首歌，需要付1500美元給華納音樂(lè)集團(tuán)。因?yàn)槿A納音樂(lè)集團(tuán)說(shuō)他們擁有這首歌的版權(quán)，但是歷史學(xué)家認(rèn)為在這首歌版權(quán)歸于華納集團(tuán)之前已經(jīng)流行開(kāi)來(lái)了。因此Jennifer Nelson的律師提起了訴訟。

【1】B 細(xì)節(jié)理解題。根據(jù)文章第一句Filmmaker Jennifer Nelson had to pay $1,500 to have “Happy Birthday to You” sung in the movie she’s making，可知Jennifer Nelson因?yàn)樵陔娪爸惺褂昧恕蹲Ｄ闵湛鞓?lè)》這首歌，需要付1500美元給華納音樂(lè)集團(tuán)。故B選項(xiàng)正確。

【2】C推理判斷題。根據(jù)第五段最后一句they believe it was being sung by the public long before it was printed and owned by a company可知?dú)v史學(xué)家認(rèn)為這首歌不屬于華納音樂(lè)集團(tuán)。故選C。

【3】B 推理判斷題。根據(jù)第六段第二句That would mean Warner Music Group has no right to charge anyone a fee to sing the song in any setting可知律師認(rèn)為對(duì)于這首歌華納音樂(lè)集團(tuán)無(wú)權(quán)收取費(fèi)用。故選B。

【4】A.數(shù)字計(jì)算題。根據(jù)文章最后一段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可知如果勝訴，華納音樂(lè)集團(tuán)需要退回四年的使用費(fèi)。且根據(jù)about $2 million a year from licensing fees for “Happy Birthday to You.”可知每年約2百萬(wàn)美元，故四年為8百萬(wàn)美元。故選A。

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