“Happy Birthday” in the USA in the public domain

An American court has ruled that the music publisher Warner/Chappell must give up its copyright claim to the song "Happy Birthday".

In a legal dispute that has lasted for over three years, a judge at the US Federal Court in Los Angeles has reached a surprising settlement. The music publisher Warner/Chappell Music must give up its copyright claim and may no longer demand royalties in future and retroactively. In addition, the publisher is obliged to pay compensation in the millions.

Use of the song

Everyone is probably familiar with the song “Happy Birthday”. The song has cult status all over the world and is regularly played on birthdays. However, if it is used commercially, the rights holder has to pay.

The US production company Good Morning to You Productions (GMTY) had used the song for a documentary film and was immediately asked to pay 1,500 US dollars. GMTY took legal action against the music publisher’s claim – with success.

There is no valid copyright for “Happy Birthday”

The judges had to deal with the question of the valid copyright of the song. Copyright is a right in the USA that is similar to German copyright law. It primarily serves to protect intellectual property and, in contrast to German copyright law, is granted to rights exploiters.

The court in Los Angeles ruled on September 22, 2015 that the music publisher did not own a valid copyright to the lyrics of the song. According to the judges, copyright protection only exists for the original melody.

Parties reach settlement

In the court’s opinion, only a specific piano performance is protected, not the entire song. For these reasons, the parties ultimately agreed on a settlement. Warner surprisingly gave up its rights to the song and compensated those affected.

Copyrights in Germany

The song is also subject to certain protection regulations in Germany. According to GEMA, copyright protection in Germany expires at the end of 2016. It remains to be seen what disputes will arise from this.

At best, playing the song “Happy Birthday” for a private birthday party remains possible without any problems.

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