Intellectual Property » ‘Happy Birthday’ In Public Domain, Judge Rules

‘Happy Birthday’ In Public Domain, Judge Rules

September 23, 2015

Cupcake decorated with green frosting and a single candle

In a ruling that reverses decades of copyright claims, a federal judge this week ruled that none of the companies that have collected royalties on the “Happy Birthday” song for the last 80 years actually held a valid copyright claim. The copyright filed by Clayton F. Summy Co. in 1935 granted only the rights to specific piano arrangements of the music, not the actual song, Judge George H. King ruled. Thus, Warner/Chappel – which has been enforcing copyright since 1988 after purchasing Birch Tree Group, which succeeded Summy Co. – never had the right to charge for the use of the song. The plaintiffs were a group of filmmakers who are producing a documentary about the song. “’Happy Birthday’ is finally free after 80 years,” said attorney Randall Newman. “[T]he charade is over.”

Read full article at:

Daily Updates

Sign up for our free daily newsletter for the latest news and business legal developments.

Scroll to Top