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"Happy Birthday To You" Now Public Domain

Posted by timothy on from the no-more-generics-for-you dept.

New submitter Duckman5 writes: As mentioned on multiple occasions, the popular song "Happy Birthday To You" has recently been the subject of a lawsuit between a couple of documentary filmmakers and Warner/Chappell Music. The judge in the case, George H. King, has finally issued his ruling and according to NPR and the LA Times, that song is finally in the public domain. Warner is still apparently "considering our options," so this may not be the end of it, but it seems to be a turn in the right direction. Also at the Washington Post, among many others.

2 of 102 comments (clear)

  1. All the waste by xenog · · Score: 5, Insightful

    Copyright law is a ridiculous monster these days. All effort and energy wasted in this case is bewildering. People spent many years studying this case to free this one song, to prove that it isn’t “owned” by anyone. This is ridiculous, a hundred years after who wrote the melody died. We are holding our culture, our art, at ransom in the hands of faceless greedy corporate entities, for the benefit of nobody. Copyright was originally meant to encourage more art to be created, not this.

  2. Re:The song IS public domain by Anonymous Coward · · Score: 5, Insightful

    The judge even said that this would apply for the 1922 publication:

    If the [1922] publication was authorized, that could
    make it a general publication (without proper copyright notice), divesting the Hill sisters
    of their common law copyright.

    It doesn't matter, because the very existence of that songbook means the song predates 1922, which would mean even an "authorized" 1922 publication's copyright would have expired.