Happy Birthday Now in Public Domain

In late September, 2015, a federal judge ruled that Warner/Chappell Music did not have a valid claim to the copyright on the song lyrics of "Happy Birthday." Warner/Chappell Music has been reeling in approximately $2 million per year from licensing fees on the song. Apparently, the song has been in the public domain for decades, and is estimated to have generated about $50 million in royalties.

The song was copyrighted in 1893 in a book called "Song Stories for the Kindergarten" with the original lyrics being "Good Morning to All" written by the Hill sisters. The copyright expired in the 1920's and the owner did not immediately renew it. Another company filed for a new copyright in 1934, and various lawsuits erupted from that. The federal judge ruled that the original copyrighter, Patty Hill, overtly abandoned the copyright, and that the new copyright applied only to one piano arrangement of the melody, not the original lyrics and melody of the song.

Comments from Allen:
People who write and perform the music that you hear on the radio, in movies, and on TV programs have their interests protected by the U.S. copyright laws.  If a particular song is not formally copyrighted relatively soon after it is publicly performed, it goes into the "public domain" and anyone may perform or record it without paying a royalty for using that song.  Specific recordings or arrangements of a song in the public domain may, nonetheless, be copyrighted.

By ruling Warner/Chappell Music owned only one 1935 piano arrangement of the melody of the song, Judge King rendered its copyright worthless.

One question unresolved by this ruling is: can anyone get his/her money back?   This is a very complicated issue.

Warner/Chappell Music has charged up to $10,000 for use of "Happy Birthday" in a film. In addition, use of the song on the radio or in certain public performances generates ASCP revenue for the copyright holder.  I doubt very many people will be seeking refunds of ASCAP revenues that were paid to Warner/Chappell, but those who have shelled out thousands of dollars for TV and movie usage of the song may demand their money back, to the extent the statute of limitations has not run on those contract disputes. Those persons who needlessly paid, and whose statute of limitations on contract disputes has not run, should demand refunds from Warner/Chappel, and if no refund is forthcoming, they should sue.

I have no sympathy for Warner/Chappell in this.  That company has aggressively pursued people on copyright issues for many years, and that company is about to feel the financial pinch of being on the wrong side of a copyright issue.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
   
Sources for more information:

http://www.courthousenews.com/CNSNEWS/Story/Index/82600

http://www.cnbc.com/2015/09/23/happy-birthday-song-now-in-public-domain.html

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