In September, King ruled that Warner and its predecessor didn’t hold a valid copyright to Happy Birthday to You and never acquired the rights to the song’s lyrics – recognized by Guinness World Records as the most famous lyrics in the English language.
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People who sing “Happy Birthday” in their homes or at private gatherings have typically never been at risk of a lawsuit.
The proposed deal, which was disclosed Monday in court filings, offers up to $14 million for those who paid licensing fees to use the song.
Judge George H. King will still have to sign off on the settlement.
The complaint was filed by Good Morning To You Productions, which is making a documentary film about the tune, argued that the rights to the song expired and became public in 1921.
It comes three years after a group of filmmakers sued the music firm, claiming the song is so prevalent it should be in the public domain.
A hearing on the preliminary approval of the settlement is scheduled for March 14 at a downtown Los Angeles courtroom.
The filmmakers’ lawyers would pocket one third of the settlement money – $4.62 million – with the rest divided among people who had paid to use “Happy Birthday to You”. The lawsuit called on the publisher to return fees collected over the years for use of the song in movies and other commercial ventures. In 1988, Warner began collecting royalties for “Happy Birthday” after it purchased the company that had the copyright from the Hill sisters’ publisher.
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“Happy Birthday to You” is credited to Patty Hill, a kindergarten instructor in late 19th-century Kentucky, and her sister Milfred, but the plaintiffs say the tune came much earlier.
