Why the 'Happy Birthday' song can now be sung for free
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The song 鈥淗appy Birthday To You,鈥 has proven to be worth millions.
US District Judge George H. King found Tuesday that the song is now entirely in the public domain, because the original copyright bought in 1988 by Warner/Chappell Music Inc. for $15 million from Clayton F. Summy Co. who originally obtained the copyright from the song鈥檚 writers, only covered specific piano arrangements of the song and not the lyrics themselves.
鈥溾楬appy Birthday鈥 is finally free after 80 years,鈥 one of the plantiffs鈥 attorneys, told the Los Angeles Times.
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, reports the Associated Press.
By making one of the most widely sung songs in the world fair game, the music publishing company Warner/Chappell will lose a year in reported revenue. 鈥淲e are looking at the court鈥檚 lengthy opinion and considering our options,鈥 said in a statement after Tuesday鈥檚 ruling.
Judge King鈥檚 decision comes from a filed two years ago by Good Morning to You Corp., which challenged the copyright arguing that the song should be 鈥渄edicated to public use and in the public domain.鈥
Before giving his decision, King went into great detail about the history of the song. Originally written by sisters Mildred and Patty Hill sometime before 1893, the sisters then assigned the rights of the song to Summy, who later them in a book titled 鈥楽ong Stories for the Kindergarten.鈥
However, the full lyrics themselves never appeared in print until 1911, says King.
鈥淏ecause Summy Co. never acquired the rights to the 鈥楬appy Birthday鈥 lyrics, defendants, as Summy Co.鈥檚 purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics,鈥 King ultimately explained in his .
Not only is the song worth millions, but according to Guinness World Records, the 鈥楬appy Birthday鈥 lyrics have also become the most famous lyrics in the world.
In another recent music copyrights case, Robin Thicke was faced a lawsuit claiming that his hit 鈥楤lurred Lines鈥 had copied elements of songs by Marvin Gaye and George Clinton. Attorneys for Thicke, and the song鈥檚 collaborators Pharrell Williams and T.I., asked a federal judge to determine the song鈥檚 originality once and for all.
鈥淧lantiffs created a hit and did it without copying anyone else鈥檚 composition,鈥 the counter lawsuit reads. 聽"The basis of the Gaye defendants' claims is that 'Blurred Lines' and 'Got to Give It Up' 'feel' or 'sound' the same," the lawsuit states. "Being reminiscent of a 'sound' is not copyright infringement. The intent in producing 'Blurred Lines' was to evoke an era."
鈥淚 know the difference between inspiration and theft,鈥 in an interview with the New York Times. 鈥淚鈥檓 constantly inspired, but I would never steal.鈥
Thicke and Williams eventually lost the case, and a Los Angeles jury awarded Gaye鈥檚 estate $4 million in damages plus $3.4 million in profits made from the聽.
Material from the Associated Press was used in this story.聽