Lawsuit Against Warner/Chappell Music Claims Happy Birthday Belongs to Public Domain

20 years ago, I chose for my dissertation texts written from 1920 through 1950, expecting them to come out of copyright one after the other during my career as a professor, but the Copyright Term Extension Act of 1998 added 20 years. Disney has made dozens of movies based on characters that are in the common domain, but lobbied for a law to protect its own property. The story of “Happy Birthday” offers some hope.


Now, the documentary film company says it has “irrefutable documentary evidence, some dating back to 1893, [which] shows that the copyright to ‘Happy Birthday,’ if there ever was a valid copyright to any part of the song, expired no later than 1921 and that if defendant Warner/Chappell owns any rights to ‘Happy Birthday,’ those rights are limited to the extremely narrow right to reproduce and distribute specific piano arrangements for the song published in 1935.” —Billboard.

Post was last modified on 14 Jun 2014 12:23 pm

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Dennis G. Jerz

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