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Warner loses 鈥楬appy Birthday鈥 copyright lawsuit
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A US judge has ruled that Warner/Chappell Music does not own a valid copyright to one of the world鈥檚 most recognizable songs, 鈥淗appy Birthday to You,鈥 a decision that brings the song into the public domain.
The highly-anticipated ruling comes in a putative class-action lawsuit filed by several artists against Warner/Chappell, the music publishing arm of Warner Music Group, over the song in 2013 seeking a return of the millions of dollars in fees the company has collected over the years.
In order to make his ruling, US District Judge George H. King had to delve into the song鈥檚 long and complicated history, which began in 1893 with the publication of a melody called 鈥淕ood Morning to All鈥 in a kindergarten songbook, written by a Kentucky woman named Mildred Hill and her sister, Patty. That melody eventually came to be sung with the familiar Happy Birthday lyrics, which Patty also claimed to have written, according to court records.
Warner鈥檚 copyright originated with the Hill sisters鈥 publisher, the Clayton F. Summy Co, later known as Birch Tree and acquired by Warner in 1988.
Summy had obtained registrations to 鈥淗appy Birthday鈥 in 1935, according to court papers.
鈥淒efendants ask us to find that the Hill sisters eventually gave Summy Co. the rights in the lyrics to exploit and protect, but this assertion has no support in the record,鈥 King wrote in his 43-page opinion. 鈥淭he Hill sisters gave Summy Co. the rights to the melody, and the rights to piano arrangements based on the melody, but never any rights to the lyrics,鈥 he added.
鈥樷滺appy Birthday鈥 is finally free after 80 years,鈥 Randall Newman, an attorney for the artists including filmmakers working on a documentary about the song, told the Los Angeles Times. 鈥淔inally, the charade is over. It鈥檚 unbelievable.鈥
People who sing Happy Birthday in their homes or at private gatherings have typically never been at risk of a lawsuit.
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