Happy Birthday to
You is one of the most popular songs sung at birthday parties all around the
world. Those who have gone ahead to publicly perform the song under the
mistaken belief that it was under the public domain, have had to pay large
amounts in royalties in the past. The tune was composed by two Kentucky sisters
in 1893, Mildred and Patty Hill, and originally called Good Morning To All,
which later evolved into Happy Birthday to you and was copyrighted by their
publisher.
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| Mildred and Patty Hill Photo: University of Louisville |
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| Original manuscript for "Good morning to all" Photo: University of Louisville |
The music company,
Warner/Chappell, is said to have acquired copyright in the song as far back as
1988 and has over the years, enjoyed exclusive rights over same. It has
reportedly made $2m (£1.3m) yearly via charges for use of the song in films,
television programmes/ adverts or other public performances.
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| Photo: billboard.com |
However, earlier this year, a group of artists and film makers sought to recover the money collected by the company over the years after challenging its copyright in the song. According to the plaintiffs, they found a 1922 songbook containing the song which predates the song's 1935 copyright and proves that ‘the song belongs in the public domain, making it available for anyone to use, for any purpose, at no cost.’
The case which was instituted two years ago by Good Morning
To You Productions Corp, which has been working on a documentary on the song
Happy Birthday, challenging the music group's copyright and arguing that the
song should be available to public use and in the public domain.
US District Judge, George H. King, ruled that the music
company’s 'copyright was only granted for specific arrangements of the music,
not the song itself.' As such, ‘the lyrics could be used without the need to
pay royalties.'
In his 43-page ruling delivered in September 2015, Judge
King further held that "Because Summy Co. never acquired the rights to the
'Happy Birthday' lyrics, the defendants, as Summy Co.'s purported
successors-in-interest, do not own a valid copyright in the Happy Birthday
lyrics,"
The second prayer for monetary damages and restitution of
more than $5 million in licensing fees for the royalties collected by
Warner/Chapell over the years was to be determined later.
The case has now been settled out of court. In a statement
the company said: "While we respectfully disagreed with the court's
decision, we are pleased to have now resolved this matter."
Parties are yet to reveal
the terms of the agreement but it seems to have been a satisfactory settlement
for the artists.
Read more here and here
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