Happy Birthday Song Released to Public Domain

Anonymous Coward

in legal on 2015-09-25 10:01 (#NH4D)

For a long time the copyright held over the song "Happy Birthday to you" has been held up by those opposed to copyright in its current form as a clear example of copyright abuse. The song is based on a tune written before 1893 by Mildred Hill and Patty Hill titles "Good Morning to All". Today the copyright for this song is claimed to be held by Warner/Chappell Music. Two years ago Warner/Chappell Music attempted to collect royalties from a company working on a documentary film. In a judgement handed down by U.S. District Judge George H. King the original copyright only covered the musical arrangement not the lyrics and the Happy Birthday song is now in the public domain.

Inaccurate title: Happy birthday song was not copyrighted (Score: 1)

by kwerle@pipedot.org on 2015-09-25 15:49 (#NJ5V)

The judge found that Warner/Chappell do not hold copyright to the song. It's not that it was released, it's that it was never really held.

Re: Inaccurate title: Happy birthday song was not copyrighted (Score: 1)

by bryan@pipedot.org on 2015-09-25 15:57 (#NJ6D)

Either way, it was about time. Holding up copyright expiration (1976 and 1998) on recent works is bad enough. Somehow claiming they have an exclusive hold on a tune from 1893 is appalling.

Re: Inaccurate title: Happy birthday song was not copyrighted (Score: 1)

by pete@pipedot.org on 2015-10-04 13:05 (#PDVB)

Somehow claiming they have an exclusive hold on a tune from 1893 is appalling.

Makes me want to sing Happy Birthday outside Warner/Chappell's offices on the date of the original copyright. That wouldn't hit a nerve, would it? :D

Re: Inaccurate title: Happy birthday song was not copyrighted (Score: 1)

by evilviper@pipedot.org on 2015-09-25 19:29 (#NJT5)

This submission was sitting in the Pipe for a couple days. That would have been the place to critique & suggest fixes for it (or even submit a better write-up).

Re: Inaccurate title: Happy birthday song was not copyrighted (Score: 1, Insightful)

by Anonymous Coward on 2015-09-26 04:16 (#NKR0)

Same difference considering the royalties paid over the last century?