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. That copyright-acquired by Warner/Chappell in its purchase of Summy’s successor, Birchtree Ltd., in 1988-is at the center of a landmark trial that has been unfolding in the Los Angeles courts since 2013.
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“Accordingly, Defendants’ Motion is DENIED, and Plaintiffs’ Motion is GRANTED as to the issue of whether Summy Co. ever received the rights to the Happy Birthday lyrics from the Hill sisters”. “Happy Birthday” is sung millions – perhaps billions – of times every year, all around the globe, at home, in schools, on television and in movies.
Warner/Chappell has said it doesn’t try to collect royalties from just anyone singing the song but those who use it in a commercial enterprise.
A group of filmmakers who are making a documentary about the song filed the claim.
Oh, happy day. Now, we can belt out “Happy Birthday” anywhere we please without worrying about threatening legal letters. As NPR’s Laura Sydell reports, a federal judge in Los Angeles has ruled copyright claims to the song are not valid. “And that’s a pretty good question”.
“Happy Birthday” dates back to 1893.
But in doing so, Judge George H. King, the chief judge for the Central District of California, also dealt a big blow to the time-honored American tradition of branded birthdays songs, which are performed by unwitting servers in restaurant chains across the country.
“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”. Some are calling for Warner/Chappell to pay back the money they’ve taken.
We are looking at the courts lengthy opinion and considering our options, Warner/Chappell said in a statement following Tuesdays ruling.
She added: “I thought it was great”.
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The song has a complicated history.
