Strawman.
It seems to me that he brought up a fairly reasonable comparison, since both are copyright violations. Someone owns the rights to Happy Birthday, and if singing Happy Birthday contributes to the atmosphere that people are seeking in that establishment, it can be argued that they are benefiting from someone else's work without paying for it... much like someone taking a picture from the web and posting it on their site in an effort to make money.
Honestly, I'm against copyright protection in both areas. Happy Birthday is so commonly sung, it shouldn't be an issue, since the owners of the copyright know it's in the public domain now due to the nature of the song. Likewise, if you don't want someone else to post your image somewhere else, possibly modified, don't post it to the World Wide Web -- it's the antithesis of a private medium.
