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.
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“We were able to convince the court that all they owned were copyrights in two old piano arrangements written in the 1930s, but not the song itself”, said in on Wednesday, an attorney for the artists including filmmakers working on a documentary about the song. The song is estimated to have earned $50 million since its creation. It “is quite likely the most sung music in history, including all the output of the three B’s, Beethoven, Bach and The Beatles”, according to the Songwriters Hall of Fame.
Happy birthday to you, Judge King.
Rifkin says the next steps is plaintiffs’ chance to ask the court to order Warner to pay back everybody who has had to pay to use the song previously.
Lots of people did.
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.
On Tuesday, Judge King finally weighed in on the not-so-happy song scuffle.
“Because Summy Co. never acquired the rights to the “Happy Birthday” lyrics, defendants, as Summy Co.’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics“, King concluded in his 43-page ruling.
King ruled that Warner/Chappell’s claim to the “Happy Birthday” lyrics were simply not supported by the facts. Originally titled “Good Morning To All”, the music was penned by Patty and Mildred Hill in 1883. Besides, by then “Happy Birthday” was already solidly in the public domain.
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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’s lawyer is in the midst of turning the case into a class action lawsuit.
