Happy Birthday Copyright!

It may be universally known and constantly utilised, but did you know that the Happy Birthday song is currently under copyright?  Yes, that does mean that every time it is sung, royalty fees should be paid to the owner.

However, a lawsuit recently commenced  in the USA challenging that copyright.

This week on You Legal TV, we take a quick look at how the Happy Birthday Copyright was established and how it is being challenged.

See below for complete transcript of this episode -

Believe it or not, your birthday celebrations should actually be costing more than what you’ve already shelled out for cake and presents. Because although its universally known and performed, the happy birthday song is actually under copy right so if you are performing it publicly you should be paying a fee.

The song is currently owned by Warner Chappell and while they’re not likely to be banging down your door to demand a cut from your recent party, the song is still worth million in license fees per year.

However that may soon be lost because a court case in the USA is seeking to prove that the song was always in the public domain and therefore no charges can be levied for it use.

Current law in America and in Australia grants copyright to original works automatically, there is no registration process required. However back in the early 1900 the US 1909 Copyright Act, determined that copyright only applied if you published you work including the words copyright or the copyright symbol.

The plaintiffs in this case claim to have found a copy of the song published in 1922 without the copyright markings, meaning that when copyright was registered over it in 1935 it was invalid as the song had already been in the public domain.

If the copyright over the song is found to be invalid, it will raise a very interesting issue over the license fees that have already been paid.

If you have a question about how copyright operates in Australia, feel free to give me a call or shoot me an email.

What Should I Do Next?

Contact us if you would like further legal advice on copyright issues.  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.