Warner/Chapell Music, Inc. and all plaintiffs finally reached a settlement on Dec. 8, after a long legal battle over copyright claims on the lyrics of the "Happy Birthday" song. The terms of the settlement have not been publicized but lawyers of the complainants agree that it resolves all issues surrounding the copyright case.
This is welcome news after U.S. District Judge George H. King ruled in favor of the complainants and pronounced that Warner/Chapell does not hold ownership of the "Happy Birthday" song's lyrics, only the musical arrangement that it gained after acquiring Birch Tree Group Limited in 1988, which originally owns the copyright.
Now the lyrics to "Happy Birthday" is officially public domain and anyone will be able to use it in their productions without having to pay Warner/Chapell for its usage, whether fully or in small portions.
"The fact that it was illegally and wrongfully in the clutches of Warner/ Chappell really outraged people and now we've been able to rectify that situation. So it's really gratifying," filmmaker Jennifer Nelson, the person who filed the lawsuit against Warner/Chapell in 2013, said.
Historically, the popular song was attributed to schoolteacher sisters Mildred and Patty Hill who co-wrote the song "Good Morning To All" in 1893. The reference to birthdays did not appear until 1911 and the very first printing of the melody with the new lyrics in 1922 saw no legal action from the creators. It was not until 1934 that the sisters claimed legal ownership of the melody but the lyrics was left alone.
The Hill sisters, who have rights to the song until 2030, gave the Clayton F. Summy Company rights to the melody in exchange for royalties. However, the rights that the Hill sisters own still only concern the melody since that is the only claim they made.
Now the only other issue is what will happen to The Hill Foundation, which has been receiving half of the royalties that Warner/Chapell has been collecting since 1988.
