The controversial 'Happy Birthday' copyright lawsuit by Warner/Chappell Music has finally reached settlement, and the court has decided to put the popular song that everybody knows in public domain.
According to a report from Reuters, a federal judge ruled last September that Warner Music did not have a valid copyright claim to "Happy Birthday." Both parties of the case said that they have finally reached a settlement last Tuesday during the filing in the United States District Court in Los Angeles.
"While we respectfully disagreed with the court's decision, we are pleased to have now resolved this matter," Warner/Chappell said in a statement. Mark Rifkin, an attorney representing the artists who filed the lawsuit against Warner Music, said in an e-mail to the Reuters that they were pleased with the settlement, but declined to provide further details.
The birth of "Happy Birthday" can be traced back to 1893 with the release of "Good Morning to All," a song with a similar tune but different lyrics, which was written by Mildred Hill and her sister Patty, a kindergarten teacher in Kentucky. The birthday-themed distinction began to come out in the early 1900s, although their composer was shadowy. Warner, which had owned the song since 1988, based its copyright claim to the registrations made by the Hill sisters' original publisher, the Clayton F. Summy Company in 1935.
The New York Times reported that the Association for Childhood Education International has filed a motion last month saying that if Warner Music doesn't have the copyright for the 'Happy Birthday' song, then it can be understood that they are the rightful owner to it. Association for Childhood Education International is a non-profit group that was co-founded by Patty Hill.
People who sing 'Happy Birthday' to their loved ones in their homes have typically never been at risk of a lawsuit. But it is a different story if the song is going to be used for commercial purposes, such as in films. With the 'Happy Birthday' song being put in the public domain, the song is going to be available for use for both personal and commercial purposes.