Filmgoers can expect a surge in renditions of Happy Birthday to You after an American court ruled that the lyrics were in the public domain.
Advertisement
The full lyrics themselves, Judge King said, did not appear in print until 1911.
The basic “Happy Birthday” tune, derived from another popular children’s song, “Good Morning to All“, has long been in the public domain, and King’s decision, though it could be appealed, makes the entirety fair game for use.
Marya said she would like back the $450 that she paid Warner/Chappell and that all the other artists who paid to use the song are reimbursed too.
In 2013, however, a group of filmmakers sued Warner/Chappell, arguing that the company didn’t actually own the song and, therefore, couldn’t charge people to use it. “We are looking at the court’s lengthy opinion and considering our options”, Warner/Chappell said in a statement following Tuesday’s ruling.
But the ruling doesn’t mean the happy birthday blackout is over just yet.
To arrive at his decision, the judge considered a 1922 songbook that features a version of the birthday song called “Good Morning and Birthday Song”, written by sisters Mildred and Patty Hill.
“So Judge King entered an order yesterday granting summary judgment in favor of the plaintiffs, declaring that Warner does not own a copyright to ‘Happy Birthday to You.’ The world has been waiting a long time for somebody to resolve the ownership of the copyright”. The Hill sisters “did not try to obtain federal copyright protection” and so could not pass those rights on to another company, and eventually to Warner, King wrote.
Advertisement
Marya, singer of the band Rupa & The April Fishes, recalls how her legal troubles began when the audience sang her “Happy Birthday” at a San Francisco gig back in 2013. The song is also sung in countless other languages around the world.
