Copyright scholars have long been pretty certain that "Happy Birthday to You" is in the public domain, despite the fact that Warner/Chappell claims copyright on it and charges impressive licensing fees to use it in public performances. Those fees, however, are much lower than a copyright lawsuit would be, so everyone shrugs and pays them. Until now.
A documentary film company working on a movie about "Happy Birthday" has assembled a huge body of evidence showing that the song has been in the public domain since the 1920s, and is suing Warner to get them to return the hundreds of millions they've improperly charged in licensing since. This is gonna be great.
The full lawsuit, embedded below, goes through a detailed history of the song and any possible copyright claims around it. It covers the basic history of "Good Morning to You," but also notes that the "happy birthday" lyrics appeared by 1901 at the latest, citing a January 1901 edition of Inland Educator and Indiana School Journal which describes children singing a song called "happy birthday to you." They also point to a 1907 book that uses a similar structure for a song called "good-bye to you" which also notes that you can sing "happy birthday to you" using the same music. In 1911, the full "lyrics" to Happy Birthday to You were published, with a notation that it's "sung to the same tune as 'Good Morning.'" There's much more in the history basically showing that the eventual copyright that Warner/Chappell holds is almost entirely unrelated to the song Happy Birthday to You.
The detail in the filing is impressive, and I can't wait to see how Warner/Chappell replies. As the filing notes, there are a variety of copyright claims around the song, but all are invalid or expired, and the very, very narrow copyright that Warner/Chappell might hold is not on the song itself. In other words, Warner/Chappell is almost certainly guilty of massive copyfraud -- perhaps the most massive in history -- in claiming a copyright it clearly has no right to.
Lawsuit Filed To Prove Happy Birthday Is In The Public Domain; Demands Warner Pay Back Millions Of License Fees [Mike Masnick/Techdirt]
(Image: 53/365 - 02/22/11 - Happy Birthday, a Creative Commons Attribution (2.0) image from shardayyy's photostream)
BMG Rights Management and Round Hill Music. has been trying to enlist Cox Cable as an accomplice in a copyright trolling scheme, demanding that the company pass on copyright infringement notices that accuse users of downloading music and order them to pay large sums of music or face punishing lawsuits.
In 2014, Britain strode boldly into the late 20th century, finally legalising “private copying” — ripping CDs, taping LPs, recording TV shows, backing up your ebooks and games — but now it’s thought better of the move.
After years of missteps, blunders and disasters in which Youtube users have been censored through spurious copyright claims or had their accounts deleted altogether, Google has announced an amazing, user-friendly new initiative though which it will fund the legal defense of Youtube creators who are censored by bad-faith copyright infringement claims.
Today and tomorrow only we are offering an additional 15% off the entire Boing Boing store (some exclusions may apply). Simply use coupon code: BLACKFRIDAY at checkout! Below are a few of our favorites from the store: First Generation Lytro 16GB Camera: The First Consumer Camera to Capture the Entire Light FieldAdobe Training Videos: Lifetime Subscription: 6,000+ Adobe […]
Today only in the Boing Boing Store we are offering an extra 15% off of the below VPN deals just use coupon code: VPN15 at checkout. proXPN VPN: Premium Lifetime Subscription Surf the web with ultimate peace of mind – both at home and on the road – over proXPN’s fully-encrypted, lightning-fast servers. Your lifetime premium subscription […]
These knitted gloves are here to save the day (and your hands) with an ultra-comfy, double-layer that will allow you to stay warm and use your phone. Now you can take photos on the fly, text, Tinder, and more without letting freezing temperatures get in your way. Plus they work with all touchscreens, so no […]