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'Happy Birthday' song enters public domain

September 23, 2015

A US federal judge has placed the world-renowned "Happy Birthday To You" lyrics into public domain after overturning Warner/Chappell Music Inc.'s claim. The move is expected to cost the company millions in royalties.

https://p.dw.com/p/1Gaqw
The lyrics of the song "Happy Birthday To You" have been freed into public domain
Image: picture alliance/blickwinkel/P. Frischknecht

US District Judge George H. King ruled on Tuesday that Warner/Chappell Music Inc. does not own the copyright to the lyrics of "Happy Birthday To You," effectively freeing the song into the public domain.

The lawsuit was filed in 2013 by filmmakers working on a documentary entitled "Happy Birthday," exploring the history of the song.

The filmmakers argued that the song should be "dedicated to public use and in the public domain" after reportedly being informed they would have to pay royalties amounting to $1,500 (1,349 euros) to use the celebratory ballad in their film.

Written in the 19th century, the song was originally entitled "Good Morning To All." The lyrics for the widely-sung birthday song were not written until later, likely at the beginning of the 20th century.

The original song's writers allegedly sold the rights of the song to Clayton F. Summy Co., which its successor was later acquired by Warner/Chappell Music Inc.

According to King's ruling, "Because Summy Co. never acquired the rights to the 'Happy Birthday' lyrics, defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the Happy birthday lyrics."

The filmmakers' lawsuit also requested damages and restitution of at least $5 million for licensing fees paid to the company.

ls/ rg (AP, dpa)