Feud over who owns Happy Birthday song.

[dipsydoodle]

A PRODUCTION company making a documentary about the song Happy Birthday to You has filed a lawsuit in New York over the copyright to it.

Good Morning To You Productions says in Thursday's federal court filing that Warner/Chappell Music has been collecting Happy Birthday to You licensing fees for years.

Warner/Chappell claims exclusive copyright to what Guinness World Records has called the most famous song in the English language.

But the film company disputes the copyright, saying the song is "dedicated to public use and in the public domain."

Read more: http://www.news.com.au/entertainment/music/feud-over-who-owns-happy-birthday-song/story-e6frfn09-1226663569627#ixzz2ZTwYfdan

Came across this by accident. As far as I'm aware there's no doubt that Warners have the copyright and that a substantial amount of the receipts go to the foundation for children which was set up by the Hill sisters.

See also http://en.wikipedia.org/wiki/Happy_Birthday_to_You

[hobbit709]

1. A fuss over the copyright to a song that is de facto public domain.

[October]

2. It's always in the credit roll in movies

And, it's why restaurants celebrate birthdays by singing their own (usually loud and embarrassing clapping) songs to patrons.

I like that the monies go to charity, though. How refreshing!

If it's in the "public domain," then so is every iconic ad, symbol, logo, slogan, and anything else on billboard, buses, and magazines! Lol!! It's all "in our face" 24/7 way more than the once-a-year song!

[kristopher]

6. I see no evidence the money goes to charity

It looks like nothing more than a corporate asset for profit. It wasn't even owned by the writers it is attributed to, but was copyrighted by an independent corporate entity that seems to have 'legally stolen' something that was essentially in the public domain.

[dipsydoodle]

8. Goes to the Hill Foundation.

"Happy Birthday to You" first appeared in print in 1912 using the melody of "Good Morning to All" with different lyrics.[6] Its popularity continued to grow through the 1930s, with no author identified for the new lyrics, nor credit given for the melody from "Good Morning to You". Based on 1935 copyright registrations by the Summy Company, and a series of court cases (which all settled out of court),[7] the sisters became known as the authors of "Happy Birthday to You". The Hill Foundation today shares royalties on public performances of the song.

Hill and her sister were posthumously inducted into the Songwriter's Hall of Fame on June 12, 1996.

http://en.wikipedia.org/wiki/Mildred_J._Hill

Nothing was "stolen" . Copyright and publishing rights were set up in 1935 with another of the sisters. See Snopes : http://www.snopes.com/music/songs/birthday.asp

[kristopher]

9. I was going by your links in the OP

Which makes no reference to any charity or foundation.

Thanks for the extra information.

[dipsydoodle]

10. Although its not explained there

The actual back ground to the 1930's copyright case by Jessica Hill in association with a publisher was that "another" unassociated with the family had in effect done similar some years before and the '30s case was used to override that.

Yet another instance concerning copyright occurred in the UK in the '50s when two comedians in the music industry successfully got the publishing rights for Freight Train despite the fact that Elizabeth Cotton was still very much alive and well living with the Seegers. Elizabeth wrote that when she was just a kid at the turn of the last century.

I knew most of the stuff about Happy Birthday back in the '90s - a dance friend was in the legal dept of Warners in London and the subject came up while chatting about copying music.

[davidpdx]

3. Someone should organize a "happy birthday to you" singing day

the whole world at one time. What are they going to do, sue us all?

[Heather MC]

4. no, just the organizers.

[dipsydoodle]

5. That wouldn't be commercial use

and so wouldn't be material.

[liberal N proud]

7. That's why all the annoying birthday singing in restaurants don't sing the song

I have come to avoid restaurants that sing to customers who are having birthdays.

[frylock]

11. spirit journey formation anniversary..

http://video.adultswim.com/aqua-teen-hunger-force/the-creature-thus-be-formed.html