Copyright ruling: You can still sing 'Happy Birthday' and not risk a lawsuit
A US federal judge rules that belting out the tune in public should be free of charge, dismissing a copyright claim by Warner Music
The music publishing company that has been collecting royalties on the song Happy Birthday To You for years does not hold a valid copyright on the lyrics to the tune that is one of the mostly widely sung in the world, a federal judge ruled.
US District Judge George H. King determined the song’s original copyright, obtained by the Clayton F. Summy Co from the song’s writers, only covered the tune’s musical arrangement and not the lyrics.
King’s decision on Tuesday comes in a lawsuit filed two years ago by Good Morning To You Productions Corp., which is working on a documentary film tentatively titled Happy Birthday. The company challenged the copyright now held by Warner/Chappell Music Inc, arguing that the song should be “dedicated to public use and in the public domain.”
“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.
The lawsuit also asked for monetary damages and restitution of more than US$5 million in licensing fees it said in 2013 that Warner/Chappell had collected from thousands of people and groups who’ve paid to use the song over the years.