“Happy Birthday To You” Song Now Royalty-Free As Judge Rule Out Copyright Claims By Warner Music
The ever popular song "Happy Birthday to You" is ruled as a royalty-free work by a US federal judge on Tuesday. He also stated that the music publishing company does not hold a valid copyright for this song to collect fees.
The copyright, originally filed by the Clayton F. Summy Co. in 1935, granted only the right to particular arrangements of the tune and not the whole song. This was stated by US District Judge George H. King who ruled the decision. Also, Summy never acquired the rights to the song's lyrics, making the copyright invalid.
The decision was ruled out two years ago after Good Morning To You Productions Corp. filed a lawsuit against Warner/Chappell Music. At that time, the former have been working on a documentary film with a tentative title of "Happy Birthday." The lawsuit states that the song should be "dedicated to public use and in the public domain."
The company also demanded for monetary damages and restitution of more than $5 million in licensing fees, it was said in 2013 that Warner/Chappell had been collecting from thousands of people and groups who've paid to use "Happy Birthday to You," which should be royalty-free over the years as reported by Telegraph UK.
According to The Guardian, Warner/Chappell Music has been enforcing the copyright claim since it bought the Birch Tree Group - the successor to the Summy group - in 1988. This simply means that they have been earning millions from people celebrating their birthdays for the last 25 years. In response, Warner/Chappell issued a brief statement that said, "We are looking at the court's lengthy opinion and considering our options."
The song was made by two sisters, Mildred and Patty Hill, who composed "Good Morning to All" in 1893 to sing to their pupils every day. "Happy Birthday to You" later on made its way around Kentucky kindergartens and primary schools in the late 19th century. They soon instructed the trainee teachers they shared the song with never to write them down. However, around 1911 it started to sneak its way into versions of the tune - and in 1924 it was first published next to the melody on this day.