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'Happy Birthday' ruled out of copyright | 'Happy Birthday' ruled out of copyright |
(34 minutes later) | |
The company collecting royalties to "Happy Birthday To You" does not hold a valid copyright to the song, a US federal judge has ruled. | The company collecting royalties to "Happy Birthday To You" does not hold a valid copyright to the song, a US federal judge has ruled. |
Warner/Chappell acquired the copyright - which was originally filed in 1935 - in 1988. | |
But Judge George King ruled that the original copyright was only granted for specific arrangements of the music, not the song itself. | But Judge George King ruled that the original copyright was only granted for specific arrangements of the music, not the song itself. |
The tune was composed by two Kentucky sisters in 1893. | |
Mildred and Patty Hill called their version Good Morning To All, which later evolved into the version popular at birthday parties around the world. | Mildred and Patty Hill called their version Good Morning To All, which later evolved into the version popular at birthday parties around the world. |
The case against Warner/Chappell was launched in 2013 by Rupa Marya and Robert Siegel, who are making a film about the song. | |
The music publisher asked for $ 1,500 (£2,325) for the right to use "Happy Birthday To You" in the film. | |
Ms Marya and Mr Siegel argued the song was in the public domain and should not be subject to copyright fees. | |
Judge King ruled that Summy had never acquired copyright to the song's words. | |
"The Hill sisters gave Summy Co the rights to the melody, and the rights to piano arrangements based on the melody, but never any rights to the lyrics," he said. | |
The rights to the song were eventually purchased by Warner/Chappell for $25m (£16m) when they bought a successor company to Summy in the 1980s. | The rights to the song were eventually purchased by Warner/Chappell for $25m (£16m) when they bought a successor company to Summy in the 1980s. |
Warner/Chappell has made around $2m a year from royalty payments whenever the song is used in a film, television episode, advertisement or other public performance. |