LOS ANGELES—In a gift to many musicians, moviemakers, and other content creators, a federal judge has found that the song “Happy Birthday To You” is entirely in the public domain.
But the move could mean millions lost for the music publishing company that has been collecting on the copyright to one of the most widely sung songs in the world.
U.S. District Judge George H. King found Tuesday, Sept. 22, that the song’s original copyright, obtained by the Clayton F. Summy Co. from the song’s writers and bought for $15 million in 1988 by Warner/Chappell Music Inc., only covered specific piano arrangements of the song and not its lyrics.
The basic “Happy Birthday” tune, derived from another popular children’s song, “Good Morning to All,” has long been in the public domain, and King’s decision, though it could be appealed, makes the entirety fair game for use.
“‘Happy Birthday’ is finally free after 80 years,” Randall Newman, one of the plaintiffs’ attorneys, told the Los Angeles Times.
