Public domain image. One of the most recognizable songs in the English language is now available to sing, for free. A judge has approved a settlement that will put “Happy Birthday to You” in the public domain, ending a 3-year lawsuit over copyright issues. Music publishers earned as much as $ 2 million per year in licensing the commercial use of the popular tune. U.S. District Judge George King approved the agreement Monday, thus ending ownership claims by Warner/Chappell Music, the music publishing company that has been collecting royalties on the song.
“Sing it loud, sing it proud, and sing it for free,” declared a law firm which represented several plaintiffs in the class-action lawsuit.
“This is a huge victory for the public and for the artists who want to use ‘Happy Birthday to you’ in their videos and music,’” attorney Daniel Schacht said.
The lawsuit against Warner/Chappell Music was filed in 2013 by a group of filmmakers making a documentary on the birthday song’s history, after they were charged US$ 1,500 for its use. The documentary filmmakers, was joined by artists who have also paid to use the song and brought their complaint at a California court.
In September 2015, Judge King ruled that the song did not belong to Warner/Chappell.
Warner/Chappell Music has agreed to pay back $ 14M US to those who have paid licensing fees to use the song.
Warner/Chappell Music, a global publishing arm of Warner Music, was earning as much as $ 2 million per year by licensing commercial use of iconic tune. The song could be sung in private without infringing on copyright, however, the company charged royalties for the song’s use by commerical establishments such as restaurants, filmmakers, and even electronic gadgets such as electronic greeting cards and ring tones.
Mildred Hill, a US musician composed the song in 1893 with her sister Patty Hill, a kindergarten teacher in Kentucky. Patty’s school children would sing the tune, originally titled “Good Morning to You.” The lyrics for the popular birthday song were added later.
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