“Happy Birthday” is not owned by Warner Brothers

shalym · 09-22-2015, 10:12 PM

http://www.avclub.com/article/happy-...-domain-225733

Quote:

a federal judge has ruled that Warner Chappell Music’s copyright on “Happy Birthday” is no longer valid, and that the popular ritual chant is now free for TV stars and teeth-gritted T.G.I.Friday’s employees alike.

Shari

issybird · 09-22-2015, 10:38 PM

Moved to the Lounge.

Dylrob · 09-22-2015, 11:28 PM

Well it's about time. Singing in Klingon is hard!

cromag · 09-23-2015, 01:14 AM

As long as they don't try to come after me for royalties retroactively.

pdurrant · 09-23-2015, 04:41 AM

The Ruling

It's undisputed that the copyright on Good Morning to All expired in the US in 1949. Since the UK was following the rule of the shorter term at that time, it also expired in the UK. So the tune is in the public domain in the US and the UK.

The tricky bit is the lyrics. The judgement doesn't actually declare that the lyrics are in the public domain in the US. It just says that there's no evidence that the copyright (if any) in the lyrics was transferred to the company that now claims them.

However, one reason for the lack of evidence of a transfer of rights is a lack of evidence of any copyright registration for the lyrics. In which case, the lyrics are either now in the public domain or still under common law copyright. But if under common law copyright, under the 1976 copyright act, the common law copyright expires 70 years after the author's death (in 1946), i.e. 1st January 2017.

So the lyrics might still be in copyright in the US (& the EU). But the beneficiaries would be Patty Hill's estate, not Warner Brothers.

pdurrant · 09-23-2015, 04:55 AM

BTW, personally I think that the copyright in the lyrics was either abandoned long ago, or the first authorised publication was in 1922 or earlier, and in either case, the work is now in the public domain in the US and UK.

But that wasn't the issue that the judge ruled on.

John F · 09-23-2015, 01:30 PM

Happy birthday to you
Happy birthday to you
Happy birthday dear everyone
Happy birthday to you

"Happy Birthday ruled out of copyright"

http://www.bbc.com/news/world-us-canada-34332853

AnemicOak · 09-23-2015, 02:02 PM

You can find some discussion here...
https://www.mobileread.com/forums/sho...d.php?t=265563

issybird · 09-23-2015, 02:16 PM

Threads merged.

Hamlet53 · 09-23-2015, 03:55 PM

I wonder if royalties were collected from Marilyn Monroe for her public performance of the song on May 19, 1962? Or from the US government?

Seriously I had no idea that anyone could be collecting money off of that song.

Greg Anos · 09-23-2015, 05:04 PM

Quote:

Originally Posted by Hamlet53

I wonder if royalties were collected from Marilyn Monroe for her public performance of the song on May 19, 1962? Or from the US government?

Seriously I had no idea that anyone could be collecting money off of that song.

About 2 million USD a year...

steven522 · 09-24-2015, 09:27 AM

Quote:

Originally Posted by Hamlet53

Seriously I had no idea that anyone could be collecting money off of that song.

Several television shows over the past few years made a reference to it by bringing out birthday cake and party hats and everyone taking a deep breath and getting out "Hap-" before one of the group yells, "Wait! Not public domain." This was usually followed by the group reverting to a different song such as "Jolly Good Fellow", etc.

So, basically any broadcast or film of people singing the classic "Happy Birthday" song paid song royalties just like any other music used that was not PD.

09-23-2015, 04:41 AM	#5
pdurrant The Grand Mouse 高貴的老鼠 Posts: 73,946 Karma: 315160596 Join Date: Jul 2007 Location: Norfolk, England Device: Kindle Oasis	The Ruling It's undisputed that the copyright on Good Morning to All expired in the US in 1949. Since the UK was following the rule of the shorter term at that time, it also expired in the UK. So the tune is in the public domain in the US and the UK. The tricky bit is the lyrics. The judgement doesn't actually declare that the lyrics are in the public domain in the US. It just says that there's no evidence that the copyright (if any) in the lyrics was transferred to the company that now claims them. However, one reason for the lack of evidence of a transfer of rights is a lack of evidence of any copyright registration for the lyrics. In which case, the lyrics are either now in the public domain or still under common law copyright. But if under common law copyright, under the 1976 copyright act, the common law copyright expires 70 years after the author's death (in 1946), i.e. 1st January 2017. So the lyrics might still be in copyright in the US (& the EU). But the beneficiaries would be Patty Hill's estate, not Warner Brothers. Last edited by pdurrant; 09-23-2015 at 04:47 AM.

09-23-2015, 01:30 PM	#7
John F Grand Sorcerer Posts: 7,941 Karma: 70766125 Join Date: Feb 2009 Device: Kobo Clara 2E	Happy birthday to you Happy birthday to you Happy birthday to you Happy birthday dear everyone Happy birthday to you "Happy Birthday ruled out of copyright" http://www.bbc.com/news/world-us-canada-34332853

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09-22-2015, 10:38 PM	#2
issybird o saeclum infacetum Posts: 21,294 Karma: 234636059 Join Date: Oct 2010 Location: New England Device: Mini, H2O, Glo HD, Aura One, PW4, PW5	Moved to the Lounge.

09-22-2015, 11:28 PM	#3
Dylrob Murderous Mustela Posts: 10,234 Karma: 48000000 Join Date: Oct 2006 Location: The other land of schnitzel and beer Device: iPad M1 Pro, Kindle Paperwhite	Well it's about time. Singing in Klingon is hard!

09-23-2015, 01:14 AM	#4
cromag Surfin the alpha waves ~~ Posts: 26,290 Karma: 459765791 Join Date: Dec 2010 Location: New Jersey Device: Jetbook Lite & Mini, Nook STR, Kobo, Hanvon N516, Kindle 2, Androids	As long as they don't try to come after me for royalties retroactively.

09-23-2015, 04:55 AM	#6
pdurrant The Grand Mouse 高貴的老鼠 Posts: 73,946 Karma: 315160596 Join Date: Jul 2007 Location: Norfolk, England Device: Kindle Oasis	BTW, personally I think that the copyright in the lyrics was either abandoned long ago, or the first authorised publication was in 1922 or earlier, and in either case, the work is now in the public domain in the US and UK. But that wasn't the issue that the judge ruled on.

09-23-2015, 02:02 PM	#8
AnemicOak Bookaholic Posts: 14,391 Karma: 54969924 Join Date: Oct 2007 Location: Minnesota Device: iPad Mini 4, AuraHD, iPhone XR +	You can find some discussion here... https://www.mobileread.com/forums/sho...d.php?t=265563

09-23-2015, 02:16 PM	#9
issybird o saeclum infacetum Posts: 21,294 Karma: 234636059 Join Date: Oct 2010 Location: New England Device: Mini, H2O, Glo HD, Aura One, PW4, PW5	Threads merged.

09-23-2015, 03:55 PM	#10
Hamlet53 Nameless Being	I wonder if royalties were collected from Marilyn Monroe for her public performance of the song on May 19, 1962? Or from the US government? Seriously I had no idea that anyone could be collecting money off of that song.

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