A federal judge in Los Angeles ruled that Warner/Chappell Music does not have a valid copyright claim to the song lyrics of "Happy Birthday to You."
U.S. District Judge George H. King decided the copyright is invalid based on the fact that the Clayton F. Summy Co. (Warner/Chappell is the successor) never acquired the rights to the song's lyrics in 1935.
Instead, the judge ruled that Summy Co. applied for a copyright to the song's arrangement, not the actual lyric track itself.
"Because Summy Co. never acquired the rights to the 'Happy Birthday' lyrics, [the] defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the 'Happy Birthday' lyrics," King wrote in the judgment (PDF).
This now means that filmmakers can now use the song in movies and TV shows without being required to pay royalties. It's been estimated that the publisher received up to $2 million a year from these royalties.
Filmmaker Jennifer Nelson was among the plaintiffs who filed the lawsuit in 2013 after being told she would need to pay $1,500 to use the "Happy Birthday To You" song in the documentary she is making about its history.
The song was written by kindergarten teacher Patty Hill and her sister Mildred J. Hill, who was a pianist and composer. The song was originally titled "Good Morning to All," which had the same melody but different lyrics before transforming into the birthday song we all know today.
While the song was published in a sheet music book back in 1893, the lyrics for "Happy Birthday to You" were not published until 1911 in the book The Elementary Worker and His Work, although there was no credit given. The sisters would then give the rights to Summy's production company.
The judge wrote "that there are triable issues of fact as to whether Patty wrote the 'Happy Birthday' lyrics in the late nineteenth century and whether Mildred may have a shared interest in them as a co-author."
"For decades, with the possible exception of the publication of 'The Everyday Song Book' in 1922, the Hill sisters did not authorize any publication of the lyrics. They did not try to obtain federal copyright protection. They did not take legal action to prevent the use of the lyrics by others, even as 'Happy Birthday' became very popular and commercially valuable," the ruling reads (PDF). "In 1934, four decades after Patty supposedly wrote the song, they finally asserted their rights to the 'Happy Birthday/Good Morning' melody—but still made no claim to the lyrics."
Now, according to the judge's ruling, lyrics to "Happy Birthday to You" are in the public domain in the U.S., although Warner's copyright to certain arrangements of the song applies till 2030. The issue of damages is still to be settled.
Via: Entertainment Weekly
Photo: Will Clayton | Flickr
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