In a legal dispute that has lasted 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.
Related articles
- Copyright law: an overview of our advisory services
- The term of protection of works under copyright law
- AI-generated image of a dog: no copyright infringement
Is the “Happy Birthday” song in the public domain?
Following a US court settlement, Warner/Chappell Music gave up its copyright claim to “Happy Birthday to You”, and in the USA the song is treated as free to use. The decision concerned US copyright law, so the position in other countries has to be assessed separately.
Did the ruling apply worldwide?
No. A US court decides on US copyright only. Whether a work is protected in Germany or the EU depends on German and European rules, in particular the term of 70 years after the author’s death (§ 64 UrhG). The status can differ from country to country.
Can I now use “Happy Birthday” in my video or product without paying?
In the USA no royalties are due after the settlement. Outside the USA you should check the local copyright position before commercial use, because protection may still exist elsewhere. We are happy to assess the rights situation for your intended use.
Why did the song lose its copyright protection in the USA?
The US court found that the music publisher could not prove valid copyright ownership in the song’s lyrics. Without a valid chain of rights the publisher was not entitled to demand licence fees, and had to pay compensation for fees collected in the past.
What does this case teach about using well-known songs?
Fame does not mean a work is free to use, and a claimed copyright is not always valid. Before using a known song commercially you should verify who holds the rights and whether protection still applies in the relevant country.
