Happy Birthday copyright case reaches court

A US court has heard arguments in a case that will decide whether the copyright protecting the song Happy Birthday to You is valid.

In arguments heard at the US District Court for the Central District of California, documentary maker Good Morning to You Productions and music publisher Warner/Chappell Music faced off over the rights to the song.

Happy Birthday to You is one of the most recognised songs in the world.

The case should decide whether Warner/Chappell’s copyright for the song is valid (allowing the company to continue licensing it) or whether  it should be in the public domain.

In a lawsuit filed in 2013, Good Morning to You claimed that Warner/Chappell had collected millions of dollars in licensing fees for the song even though its origins are disputed.

The lawsuit was filed after Good Morning to You had to pay Warner/Chappell $1,500 to play the song in a documentary it had made earlier that year that covered the history of the song.

According to Good Morning to You’s complaint, the melody from Happy Birthday to You was originally used in a song called Good Morning to All. The rights to that song were assigned to music publisher Clayton Summy, the company added.

Summy published a version of Good Morning to All in 1893, the documentary maker argued. The song was revised three years later, in 1896, but the company claimed the two copyrights protecting the two versions expired in 1921 and 1924 respectively.

Further rights protecting Good Morning to All, dated to 1899 and 1907, were not renewed by Summy and expired in 1927 and 1935, the plaintiff had said.

Warner/Chappell did not respond to a request to comment. Good Morning to You Productions could not be reached for comment.