The Legal History and Public Domain Status of 'Happy Birthday'
'Happy Birthday' is a universally known and cherished song, yet many are unaware of its complex legal history. This article delves into the tale of this iconic birthday anthem and uncovers the significant legal battles that led to it entering the public domain.
Origins of 'Happy Birthday'
First published in 1893 in a songbook named 'Song Stories for the Kindergarten' by the sisters Patty and Mildred Hill, 'Happy Birthday' is a tune that has captivated the public imagination for over a century. However, the origins of the song are shrouded in controversy, with many suggesting that the sisters may have derived it from other contemporary works.
Copyright Controversies and Legal Battles
Over the years, various copyright disputes have arisen surrounding 'Happy Birthday.' In 1924, the song found its way into the 'American Hymnal,' but it wasn't until 1935 that Summy Company officially registered the copyright for the song. This claim, however, has been challenged repeatedly. In 2013, a lawsuit was filed against Warner/Chappell, alleging that the company had no valid copyright to the song.
Key Legal Decisions
On September 22, 2015, federal judge George H. King ruled that the Warner/Chappell copyright claim over the lyrics was invalid. The court reasons that the 1935 copyright held by Warner/Chappell applied only to a specific piano arrangement of the song, not the lyrics or melody. Furthermore, the judge ruled that the song was not copyrighted by Summy Co. Since there was no evidence of Summy Co. having a copyright on the song, it was concluded that the song is indeed in the public domain.
Impact of the Legal Ruling
The legal battle over 'Happy Birthday' had significant financial implications. Prior to the lawsuit, Warner/Chappell was earning approximately $2 million annually by licensing the song for commercial use. The settlement that followed, now famously ascribed to 'Happy Birthday' being in the public domain, saw Warner/Chappell paying $14 million to those who had licensed the song. On June 28, 2016, a final settlement was granted by the court, declaring the song to be in the public domain.
Post-Settlement Developments
Following the court's declaration, Jennifer Nelson released her short-form documentary, 'Happy Birthday: My Campaign to Liberate the People’s Song,' which was published online by The Guardian. This documentary serves as a testament to the journey of the song from a contested copyright to its rightful place in the public domain.
Conclusion
From its humble beginnings to the towering legal battles that led to its recognition in the public domain, the history of 'Happy Birthday' is a fascinating tale of music, law, and public interest. The song's journey highlights the importance of clear and enforceable copyright laws in preserving cultural heritage while ensuring that works are accessible to all.