Federal judge rules 'Happy Birthday' song IS in public domain

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Original copyright was obtained by the Clayton F. Summy Co. from writers
It is now held by Warner/Chappell Music Inc.who collect royalties on use
But Judge George H. King ruled copyright does not cover the song lyrics
Ruling comes in lawsuit filed by company who argued the song should be 'dedicated to public use and in the public domain'

By Associated Press and Khaleda Rahman For Dailymail.com

Published: 22:08 EST, 22 September 2015 | Updated: 00:27 EST, 23 September 2015

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A judge has ruled that 'Happy Birthday' is in the public domain, meaning the music publishing company that has been collecting royalties on the song's use for years does not hold a valid copyright on the lyrics.

The original copyright of what has become one of the world's most widely sung songs was obtained by the Clayton F. Summy Co. from the song's writers.

But U.S. District Judge George H. King ruled on Tuesday that this only covered the tune's musical arrangement and not the lyrics.

A judge has ruled that 'Happy Birthday' is in the public domain, meaning the music publishing company that has been collecting royalties on the song for years does not hold a valid copyright on the lyrics

King's decision comes in a lawsuit filed two years ago by Good Morning To You Productions Corp., which is working on a documentary film tentatively titled 'Happy Birthday.'

The company challenged the copyright now held by Warner/Chappell Music Inc., arguing that the song should be 'dedicated to public use and in the public domain.'

In a 43-page ruling, King concluded: 'Because Summy Co. never acquired the rights to the 'Happy Birthday' lyrics, defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics.'

The lawsuit also asked for monetary damages and restitution of more than $5 million in licensing fees that it said Warner/Chappell had collected from thousands of people and groups who have paid to use the song over the years.

Marshall Lamm, a spokesman for one of the plaintiffs' lawyers, said that issue would be determined later.

In the meantime, one of the suit's co-plaintiffs, Ruypa Marya of the music group Ruypa & The April Fishes, praised the decision.

U.S. District Judge George H. King (right) ruled the original copyright only covered the tune's musical arrangement and not the lyrics. One of the suit's co-plaintiffs, Ruypa Marya (left) praised the decision

She said: 'I hope we can start re-imagining copyright law to do what it's supposed to do — protect the creations of people who make stuff so that we can continue to make more stuff.'

Marya added that she paid Warner/Chappell $455 to include 'Happy Birthday To You' on a live album during which members of her band and audience sang the song to her the night before her birthday.

Warner/Chappell has said it doesn't try to collect royalties from just anyone singing the song but those who use it in a commercial enterprise.

In a statement following Tuesday's ruling, Warner/Chappell said: 'We are looking at the court's lengthy opinion and considering our options,' Warner/Chappell said.'

In his ruling, King went into great detail about the history of 'Happy Birthday To You,' which he said was derived from another popular children's song, 'Good Morning to All.'

That song was written by sisters Mildred Hill and Patty Hill sometime before 1893, the judge said, adding that the sisters assigned the rights to it and other songs to Clayton F. Summy.

Summy then copyrighted and published them in a book titled 'Song Stories for the Kindergarten.'

'The origins of the lyrics to Happy Birthday (the 'Happy Birthday lyrics') are less clear,' King continued, adding the first known reference to them appeared in a 1901 article in the Inland Educator and Indiana School Journal.

The full lyrics themselves, he said, did not appear in print until 1911.

Since then, they have become the most famous lyrics in the English language, according to Guinness World Records. The song is also sung in countless other languages around the world.

Warner/Chappell, which eventually acquired the song's copyright from Summy, argued that its predecessor had registered a copyright to 'Happy Birthday To You' in 1935 that gave it the rights to all of the song.

'Our record does not contain any contractual agreement from 1935 or before between the Hill sisters and Summy Co. concerning the publication and registration of these works,' the judge said.