A federal judge in Los Angeles ruled on Tuesday that none of the companies that have collected royalties on the "Happy Birthday" song for the past 80 years held a valid copyright claim to one of the most popular songs in history
He-he, all that money that's been paid. I suppose most of the money has come from film companies when they use the song in a film, & it's chicken feed to them. We've all sung it hundreds of times, & I don't think any of us have paid anything
What gets me about this ruling is that it appears to be for the words, not the music. So are we now allowed to sing the words but not to the well known music? Or is the music already out of copyright due to the ending of the original 'Good Morning to All' copyright back in, I believe, 1949?
What gets me about this ruling is that it appears to be for the words, not the music. So are we now allowed to sing the words but not to the well known music? Or is the music already out of copyright due to the ending of the original 'Good Morning to All' copyright back in, I believe, 1949?
According to the L.A. Times article:
"Warner and the plaintiffs both agreed that the melody of the familiar song, first written as "Good Morning To All," had entered the public domain decades ago. But Warner claimed it still owned the rights to the "Happy Birthday" lyrics, leaning on the 1935 copyright claim."
"Warner and the plaintiffs both agreed that the melody of the familiar song, first written as "Good Morning To All," had entered the public domain decades ago. But Warner claimed it still owned the rights to the "Happy Birthday" lyrics, leaning on the 1935 copyright claim."
They have their right to copyright the lyrics just like anybody else submitting original lyrics, regardless of whether or not one day in the future it will become a standard for something.
He-he, all that money that's been paid. I suppose most of the money has come from film companies when they use the song in a film, & it's chicken feed to them. We've all sung it hundreds of times, & I don't think any of us have paid anything
You couldn't even quote the song in written form without paying royalties so it also applied to books and novels.
They have their right to copyright the lyrics just like anybody else submitting original lyrics, regardless of whether or not one day in the future it will become a standard for something.
If you read the piece in Hollywood Reporter the statement from the judge is clear cut. It is public domain. I can now begin my symphonic synth fusion masterwork with 35 variations of Happy Birthday.
If you read the piece in Hollywood Reporter the statement from the judge is clear cut. It is public domain. I can now begin my symphonic synth fusion masterwork with 35 variations of Happy Birthday.
The for now is probably related to the lawyers saying this are reading the judges opinion and considering their options. Which I guess means it could go to appeal.
A spokesman for Warner/Chappell, the publishing arm of Warner Music, said, "We are looking at the court's lengthy opinion and considering our options."
