quincy
Senior Member
In New York's Southern District Court on June 13, 2013, a class action suit was filed. The suit, Good Morning to You Productions Corp v Warner/Chappell Music, Inc, is over copyright ownership of the "Happy Birthday" ditty.
The birthday song was written in 1893 by Mildred and Patty Hill and it was later sold to Clayton Summy for 10% of the sheet music retail sales. Clayton Summy's company, which held the rights to the music, was later purchased by the Warner Music Group in 1998, and the rights in the "Happy Birthday" song were apparently transferred to Warner at that time.
In the ensuing years, Warner/Chappell has been collecting licensing fees on the "Happy Birthday" song from those who wish to perform the song in public. This equates to millions and millions of dollars collected in fees on the copyrighted song. Now the collection of these fees is being challenged by Good Morning to You Productions Corp., which is arguing that the "Happy Birthday" copyright expired, putting the song in the public domain.
Although there is some argument over the copyright expiration date (Good Morning is claiming 1921, but it may not have expired until the 1960s), no one has bothered to challenge the copyright ownership in the song until now.
So, whether you were aware of it or not, you may have been infringing on Warner/Chappell's copyrighted song at your kids' birthday parties over the years.
In other words, tranquility, I see a settlement demand letter in your future.
The birthday song was written in 1893 by Mildred and Patty Hill and it was later sold to Clayton Summy for 10% of the sheet music retail sales. Clayton Summy's company, which held the rights to the music, was later purchased by the Warner Music Group in 1998, and the rights in the "Happy Birthday" song were apparently transferred to Warner at that time.
In the ensuing years, Warner/Chappell has been collecting licensing fees on the "Happy Birthday" song from those who wish to perform the song in public. This equates to millions and millions of dollars collected in fees on the copyrighted song. Now the collection of these fees is being challenged by Good Morning to You Productions Corp., which is arguing that the "Happy Birthday" copyright expired, putting the song in the public domain.
Although there is some argument over the copyright expiration date (Good Morning is claiming 1921, but it may not have expired until the 1960s), no one has bothered to challenge the copyright ownership in the song until now.
So, whether you were aware of it or not, you may have been infringing on Warner/Chappell's copyrighted song at your kids' birthday parties over the years.
In other words, tranquility, I see a settlement demand letter in your future.
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