In a gift to many musicians, filmmakers and other content creators a US federal judge ruled that the song “Happy Birthday To You” entirely public domain .
The ruling could mean millions to the record losses it has been charging copyright by one of the most sung song in the world.
The federal judge district, George H. King, said Tuesday that the copyright of the original song, Clayton F. Summy Co. won its creators and sold for 15 million dollars to Warner / Chappell Music Inc. in 1988, only covering specific arrangements for piano tune and not his handwriting.
The Good basic version of “Happy Birthday” , which is derived from another popular children’s song, ” Morning to All “, is in the public domain for years and the opinion of King, although it can be appealed, makes the song as a whole is free use.
“‘Happy Birthday’ is finally free after 80 years,” he said Randall Newman, one of the lawyers for the plaintiffs told the Los Angeles Times.
One of the co-plaintiffs, Ruypa Marya of the band Ruypa & amp; The April Fishes, called the ruling crucial and added: “I hope we can start rethink the law of copyright to do what they are supposed to do – protect the creations of people who do things so we can continue to finance things. “
Marya explained that paid Warner / Chappell $ 455 to include” Happy Birthday To You “in a live album. During recording, band members and the public they sang the popular song the night before his birthday.
Warner / Chappell said he did not try to collect royalties from anyone who sing the tune, but who the used for commercial purposes.
“We are studying the court’s lengthy opinion and considering our options,” said the label in a statement after Tuesday’s ruling.
The court decision It occurred following a lawsuit filed two years ago by Good Morning To You Productions Corp., working on a documentary tentatively “Happy Birthday” entitled. The company disputed royalties now owned by Warner / Chappell Music Inc., arguing that the song should be “dedicated to public use and public domain.”
“Since Summy Co. never acquired rights on the letter of ‘Happy Birthday’, the accused, as alleged successors in interest Summy Co., rights holders are not valid for the lyrics of ‘Happy Birthday’ ‘author’, King concluded in its judgment of 43 pages.
The suit also demanded monetary damages and restitution of more than five million dollars for the license rights was said to have taken Warner / Chappell until 2013 of thousands of people and groups who paid to use song for years.
Marshall Lamm, a spokesman for one of the lawyers for the plaintiffs, said that point will be decided later.
In his ruling, King reviewed in detail the history “Happy Birthday To You” and his birth from children’s tune “Good Morning to All”.
That song was written by Mildred and Patty Hill sisters sometime before 1893, he said magistrate adding that the two women assigned rights issue and other Clayton F. Summy, the registered and published in a book entitled “Song Stories for the Kindergarten.”
“The origins letter ‘Happy Birthday’ are less clear, “continued the judge. The earliest known reference on the subject appeared in a 1901 article Inland Educator and Indiana School Journal, said
.
The complete letter not appeared in print until 1911, King said.
From then, it has become the most famous song in English, according to the Guinness World Records. The theme is translated into many languages around the world.
Warner / Chappell Music has been charging royalties since Summy bought successor, Birch Tree Group.
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