【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（紀錄片）— 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（歌詞）. 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】

試題分析: Jennifer Nelson因為在電影中使用了《祝你生日快樂》這首歌，需要付1500美元給華納音樂集團。因為華納音樂集團說他們擁有這首歌的版權(quán)，但是歷史學家認為在這首歌版權(quán)歸于華納集團之前已經(jīng)流行開來了。因此Jennifer Nelson的律師提起了訴訟。

【1】D考查細節(jié)理解。根據(jù)Filmmaker Jennifer Nelson had to pay $1,500 to have “Happy Birthday to You” sung in the movie she’s making，可知D選項正確。故選D。

【2】A考查細節(jié)理解。根據(jù)they believe it was being sung by the public long before it was printed and owned by a company可知歷史學家認為這首歌不屬于華納音樂集團。故選A。

【3】C考查細節(jié)理解。 根據(jù)That would mean Warner Music Group has no right to charge anyone a fee to sing the song in any setting可知律師認為華納音樂集團無權(quán)收取費用。故選C。

【4】B考查推理判斷。根據(jù)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，華納音樂集團需要退回四年的使用費。且根據(jù)about $2 million a year from licensing fees for “Happy Birthday to You.”可知每年約2百萬美元，故四年為8百萬美元。故選B。

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