The nightmare is over. After 80 years of publishing company Warner/Chappell Music capitalizing off the “Happy Birthday To You” song, a federal judge ruled that its copyright claim is fucking bullshit. More specifically: “Because Summy Co. [which is now the Warner/Chappell-owend Birch Tree Group] never acquired the rights to the Happy Birthday lyrics,” wrote judge George H. King, “Defendants, as Summy Co.’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics.”
“‘Happy Birthday’ is finally free after 80 years,” said attorney Randall Newman. “Finally, the charade is over. It’s unbelievable.”
The lawsuit came about when Warner/Chappell recently tried to fine filmmakers $1,500 for using the song. The publishing company — estimated to have earned more than $2 million a year on fees — commonly charged for usage of the song in everything from movies to greeting cards. Even restaurants owners were technically violating copyright law when they sang the song to their patrons, no matter how off-key or annoying they were.
But that’s all in the past, and now it’s time to celebrate the ruling. The melody of the song turned 122 this year; the first print appearance of the melody and lyrics turned 103; and Summy’s copyright registration turned 80. Let’s celebrate the only way we know how:
