An Update on the Happy Birthday Copyright!

A few weeks ago, we brought you the sad news that your rendition of happy birthday might cost you a bit more than the loss of a few friends.

This week, we bring you the happy news that America has found the copyright over the song is invalid, and no more royalties will be collected for its use!

Tune in to find out the whole story.

See below for complete transcript of this episode -

A little update to our previous post on the Happy Birthday song. The song has officially been declared copyright free. A judge finding in favor of the class action lawsuit brought against Warner Music.

The song was a notable absence from film, TV and birthday celebrations, due to the license fees that were required to be paid to Warner Music. Even some restaurants refused to sing it for customers.

According to the 43 page judgment sometime before 1893 Padiham Mildred Hill wrote the song Good Morning to you, which had this melody we now know today as Happy Birthday.

In 1893, they assigned their rights to a Mr. Summy. Copyright was applied for as it was required to be at the time, several times until it finally expired in 1949.

The Happy Birthday lyrics were first published in 1911, so the two songs shared a melody and Happy Birthday was eventually registered for its own copyright. Various registrations of copyright assignment of license and lawsuits followed.

In 2014 the plaintiffs filed a lawsuit that they purported that the lyrics had always been the public domain as well as the melody, which was never disputed. The judge agreed that the basis that Mr. Summy never received the right to the lyrics, so now everyone can go back to singing their little hearts out on people's birthdays.

What Should I Do Next?

Contact us if you would like further legal advice on copyright. Our lawyers at You Legal will be happy to assist you in whatever way we can.

* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.