The "Happy Birthday" song has been found to have an invalid copyright and is now in the public domain. This is good news for any filmmakers and artists who can now use the lyrics without paying royalties.
The copyright to "Happy Birthday" was claimed by Los Angeles-based music publishing company Warner/Chappell. According to The Hollywood Reporter, the company received $2 million in royalties.
Four plaintiffs challenged the copyright after being asked to fork over some money for licensing fees. Rupa Marya, singer of the band Rupa & The April Fishes, says she ran into issues when the audience sang her "Happy Birthday" at a show in San Francisco back in 2013. The band tried to add the live version to an album and then they slammed with a demand for payment of licensing fees for the song. Mayra has been fighting this case for 2 years until Tuesday when U.S. District Judge George H. King said Warner/Chappel "do not own a valid copyright in the Happy Birthday lyrics."
The song was written by schoolteachers and sisters Patti Smith Hill and Mildred Hill in the late 19th century. In 1935 the Hill sisters signed over the rights to "Happy Birthday" to Summy Co. owned by Clayton Summy. Copyright registrations were later made by Summy Co. on "Happy Birthday." Warner/Chappel argued the copyright on the beloved birthday song was over the piano arrangement and the lyrics. However, the counter argument ruled otherwise. As THR explains, "Today's opinion rejects Warner's argument that a copyright entitles them to a presumption of validity with the judge noting that it isn't particularly clear whether the registration included the lyrics. Furthermore, the ruling establishes that rights never properly transferred."
"Defendants ask us to find that the Hill sisters eventually gave Summy Co. the rights in the lyrics to exploit and protect, but this assertion has no support in the record. The Hill sisters gave Summy Co. the rights to the melody, and the rights to piano arrangements based on the melody, but never any rights to the lyrics," advised Judge King. Further adding, the Hill sisters objected to publication of the melody, not the lyrics in 1934.
Mayra received a call on Thursday regarding the judge's ruling and later told CBS Los Angeles "I thought it was great. This is an amazing example how ordinary citizens can take corporations to task for things when they overreach into places they don't belong."