Have you ever wondered where the song "Happy Birthday to You" derived from? If so, you're not alone. Warner/Chappell, Warner Music's publishing division, thought it was theirs. Now the publishing giant has settled a $14 million lawsuit over ownership of the rights to "Happy Birthday." In light of the decision, the song is now en route to being public domain.
According to reports, the settlement comes after United States District Judge George H. King ruled that the copyright Warner owned over "Happy Birthday" was invalid. Back in 1988, Warner snatched the song up, as any business mogul would have it, and began to hound those using it on television and in ads to pay their due sum of royalties.
But now, that type of ownership over the song has been deemed invalid. Written by Patty Smith Hill and Mildred Hill, "Happy Birthday" actually lifted its melody from an earlier 1893 tune entitled "Good Morning to All."
Until the decision was made, Warner/Chappell had designs to keep the song in their domain until about 2030. For a major label, owning "Happy Birthday" was a way to keep consistent cash flow as it's been estimated that song yielded about $14-$16.5 million a year. And over the 25 years they've had it in their corner, Warner has illegally collected a sum of about $50 million.
By settling in the case, Warner was able to avoid trial that would inevitably punish the massive label from collecting fees on a song that technically hasn't been theirs since 1988.
However this doesn't help someone like Jennifer Nelson who was composing a documentary about the tune before she was slapped with a $1,500 licensing fee for the film.
For now, Warner awaits the final trial to determine the domain of "Happy Birthday," but for the time being, the song can't be policed in the way it has previously.
While they wait, listen to the song below and thank Happy Birthday thoughts -- someone out is celebrating today!
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