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You can find the current article at its original source at http://www.theguardian.com/business/2015/sep/23/us-judge-rules-happy-birthday-is-public-domain-throws-out-copyright-claim
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| Happy Birthday ruled public domain as judge throws out copyright claim | |
| (about 2 hours later) | |
| A federal court judge in Los Angeles has declared the song Happy Birthday to You belongs in the public domain, dealing a blow to the music publishing company that has been collecting royalties from the song for decades. | A federal court judge in Los Angeles has declared the song Happy Birthday to You belongs in the public domain, dealing a blow to the music publishing company that has been collecting royalties from the song for decades. |
| US district judge George H King ruled on Tuesday the copyright originally filed by the Clayton F Summy Co in 1935 applied to a specific arrangement of the song, not the tune itself. | US district judge George H King ruled on Tuesday the copyright originally filed by the Clayton F Summy Co in 1935 applied to a specific arrangement of the song, not the tune itself. |
| Related: World's most popular song is not under copyright, according to lawsuit | Related: World's most popular song is not under copyright, according to lawsuit |
| King ruled that Summy never acquired the rights to the song’s lyrics, and the defendants’ claims to the contrary were “implausible and unreasonable”. | King ruled that Summy never acquired the rights to the song’s lyrics, and the defendants’ claims to the contrary were “implausible and unreasonable”. |
| “Because Summy Co never acquired the rights to the Happy Birthday lyrics, [the] defendants, as Summy Co’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics,” King wrote in a judgment posted online. | “Because Summy Co never acquired the rights to the Happy Birthday lyrics, [the] defendants, as Summy Co’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics,” King wrote in a judgment posted online. |
| “Happy Birthday is finally free after 80 years,” said Randall Newman, an attorney for the plaintiffs. “Finally, the charade is over. It’s unbelievable.” | “Happy Birthday is finally free after 80 years,” said Randall Newman, an attorney for the plaintiffs. “Finally, the charade is over. It’s unbelievable.” |
| Up until now, Warner Chappell Music, a division of the Warner Music Group, has charged people for use of the song. | Up until now, Warner Chappell Music, a division of the Warner Music Group, has charged people for use of the song. |
| Among the plaintiffs was film-maker Jennifer Nelson, who was told she would have to pay $1,500 USD in order to include Happy Birthday in a documentary she was making about its history. | Among the plaintiffs was film-maker Jennifer Nelson, who was told she would have to pay $1,500 USD in order to include Happy Birthday in a documentary she was making about its history. |
| Warner Chappell Music has been enforcing the copyright claim since it bought Summy’s successor, Birchtree Ltd, in 1988. It reportedly paid $25m for the company. | Warner Chappell Music has been enforcing the copyright claim since it bought Summy’s successor, Birchtree Ltd, in 1988. It reportedly paid $25m for the company. |
| Jay Morgenstern, then executive vice president of the Warner Chappell Music Group, told the New York Times a year after the acquisition the song had proved “a very good investment”. | Jay Morgenstern, then executive vice president of the Warner Chappell Music Group, told the New York Times a year after the acquisition the song had proved “a very good investment”. |
| Happy Birthday was written by sisters Parry and Mildred Hill in 1883, and is often claimed to be the world’s most popular song. | Happy Birthday was written by sisters Parry and Mildred Hill in 1883, and is often claimed to be the world’s most popular song. |
| Without the court judgement, it would not have been freely available in the public domain in the US until 2030, and in the EU until 31 December 2016. | Without the court judgement, it would not have been freely available in the public domain in the US until 2030, and in the EU until 31 December 2016. |