Warner Music Pays $14 Million to End 'Happy Birthday' Copyright Lawsuit

[Recursion]

Source: Hollywood Reporter

The music publisher will also not stand in the way for a judge to declare the song to be in the public domain.
Sing the song, blow out the candles, eat the cake and unwrap the gifts.

According to a court filing on Monday, music publisher Warner/Chappell will pay $14 million to end a lawsuit challenging its hold on the English language's most popular song, "Happy Birthday to You." Additionally, the settlement stipulates a proposed final judgment and order that would declare the song to be in the public domain. A memorandum in support of the settlement sings the praises of the deal as "truly, an historic result." U.S. District Judge George H. King will have to sign off on it.

The revelation of the settlement terms comes after King came to the conclusion this past September that Warner and its predecessor didn't hold any valid copyright to the song and never acquired the rights to the "Happy Birthday" lyrics. At the time, the judge stopped short of declaring that the song was in the public domain, and just before a trial was set to begin in December exploring the history of a song dating back to a 19th century schoolteacher named Patty Smith Hill and her sister Mildred Hill, the sides reached an agreement.

Read more: http://www.hollywoodreporter.com/thr-esq/warner-music-pays-14-million-863120

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Woo-hoo!

[hobbit709]

1. Just the mentality of WB wanting a cut every time the song was played

is enough for me to say "Up yours" to them.

[Orrex]

3. There was to be a big scene in the upcoming "Dawn of Justice" film

In which Batman & Superman sing "Happy Birthday to You" to Alfred, but I guess that's been axed now.

[Dr. Strange]

12. Can't wait for that film.

Who did they get to play the Wonder Twins anyway?

[Orrex]

14. Seth Rogen and James Franco, with Jason Siegel as Gleek

Obviously.

[Dr. Strange]

16. Score!

[houston16revival]

4. They really have it knocked up, don't they?

We are strangled by laws. All the GOP wants to do is remove
regulations for their businesses, but when it's feeding them? They're
the first to enforce.

[SkyDaddy7]

15. This is my favorite "Happy Birthday" song!!

Stevie Wonder's "Happy Birthday" he wrote campaigning for an MLK Holiday...But it makes an awesome birthday song as well!

[link:

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[bananas]

2. Settlement lets Warner avoid punishment for collecting licensing money for many decades

"By agreeing to the settlement, Warners avoids going to trial to determine whether it should be punished for collecting licensing money for many decades."

This is a shame, they should have been heavily punished to deter this kind of abuse of copyright.

[ProfessorGAC]

5. How Can This Song NOT Be In The Public Domain?

The judge stopped just short of declaring it public domain? Why? The very idea that someone has the "rights" to a song this old and in such universal use is just ridiculous.

[ToxMarz]

8. It is going to be in the public domain now

He stopped short last September, but the case was ongoing. He just wasn't ready at that point.

[ProfessorGAC]

9. So, Things Have Changed Since September?

Equally ridiculous.

[Tab]

6. These guys should not have a copyright in perpetuity

Same with Disney. Stuff was intended to go to the public domain eventually, after the creator and maybe their children were gone. But the 50 year period got extended to 75, and media companies want to renew it further.

[Recursion]

7. Yep. I think Gosling (inventor of the Java programming language) tried to sue about that

His argument was that regular extensions violate the "fixed periods" rule in the Constitution.

I'd really like to see somebody try that with a better SCOTUS lineup...

[Xithras]

17. You're thinking about Eric Eldred

Eric Eldred was an engineer at Apollo Computer (later part of Hewlett-Packard), a digital rights advocate, and founded Creative Commons with Lawrence Lessig.

His argument was that the Constitution prohibited perpetual copyright, and that by allowing Congress to extend copyrights without limitation, they were bypassing this constitutional restriction. He believed that Congress has the right to set longer copyright terms, but that the terms should only apply to new works created after the law was changed, and that extensions were illegal. He also objected to the lifetime + 20 years extension. He said that the Constitution authorizes Congress to establish copyright for a FIXED period, and that by attaching it to the life of the author...a length of time that can vary widely from individual to individual...the copyright term was not "fixed" and was therefore unconstitutional.

It went before the Supreme Court in 2003 as Eldred v. Ashcroft. He lost 7-2. It wasn't even close.

[Recursion]

19. Yes, thank you, that was it

I got my bearded hermits mixed up.

[Locrian]

10. is this what you call a "happy ending" ? - n/t

[Stellar]

11. That's cool that it gonna be in the public domain. but...

black folk have been singing the Stevie Wonder tribute to MLK on birthdays for quite a while now and don't really miss it.

[Beaverhausen]

13. Not Warner Music- Warner Chappell Publishing

there is a difference.

[PersonNumber503602]

18. They seem to be closely related enough based on their website.

Unless Warner Music Group is different than Warner Music.

Warner/Chappell Music, the global music publishing company of Warner Music Group, is home to a wide array of legendary songwriters and a rich catalog of contemporary hits and influential standards. With offices in more than 40 countries, Warner/Chappell provides deep expertise across a range of creative services and the most innovative opportunities for songwriters and copyright holders.