The song “Happy Birthday to You” has universal appeal. Almost everyone knows its lyrics and melody, and it is sung to millions of people on a daily basis. However, what many people do not know is that the song “Happy Birthday to You” is copyrighted. The song was written by two sisters from Kentucky in the late 19th century. They copyrighted the song many years later in the 1930s. Afterwards, the copyright to the song was sold for a large amount of money. Since then, the copyright to the song has changed hands several times. Nonetheless, the copyright still stands and is not set to expire for quite some time. As a result, any time the song is sung in a “public performance,” the copyright holder is entitled to royalty payments, which bring in millions of dollars every year for the copyright holder. You are an arbitrator who has recently been assigned to resolve a legal dispute between Bobby Bandleader, owner and operator of Bobby’s Bistro (a local restaurant), and Johnny Singstealer. Bobby Bandleader has always been a great lover of music and his restaurant is known for its musical offerings in which the staff periodically breaks into impromptu song, often led by Bobby himself. In fact, they are particularly well known for their birthday celebrations during which any customer celebrating a birthday with the Bistro Restaurant family is serenaded with Bobby’s own version of the classic “Happy Birthday to You” song. Bobby’s version uses the same tune, but somewhat different wording than does the original song. He has perfected this version with over 20 years of singing it at the Bistro, and it is quite good now. Bobby’s rendition of the song is very popular with the locals and many people choose to come to Bobby’s Bistro on their birthdays specifically for this reason. Unfortunately for Bobby, Johnny Singstealer recently got wind of the Bistro’s famous birthday activities. Johnny is the copyright holder of the “Happy Birthday to You” song and he was outraged to learn that Bobby was singing his song to customers at the Bistro without paying any licensing fee to Johnny for the right to do so. Thus, Johnny and his team of lawyers have filed suit against Bobby Bandleader and Bobby’s Bistro Restaurant, seeking $1 million in damages for past and present copyright abuse, as well as an injunction against any further performances of the song by Bobby until a licensing agreement is in place. Both parties have agreed to submit the dispute to arbitration to save on the costs of going to trial. You are the arbitrator in charge of resolving this legal dispute. You have been asked by both sides to render a verdict based upon your understanding of copyright law and the facts of this case. 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 reaching a licensing agreement with Johnny Singstealer.

Please write a paper ruling that details your answer and explains how and why you reached the conclusion that you did.