Candles blown on ‘Happy Birthday’ copyright
Los Angeles, February 10
‘Happy Birthday to You’, often considered most popular song in the world, looks finally set to be free for everyone to sing.
After prolonged legal wrangling, US publisher Warner/Chappell Music agreed to pay $14 million in a settlement that would effectively end its claims to the song’s copyright.
The dispute began in 2013 after makers of a low-budget film on history of ‘Happy Birthday to You’ baulked at $1,500 the publisher demanded for the song’s use. The filmmakers filed a class action suit on behalf of people who paid to use the song, which became widely known in the US a century ago and has since spread globally.
In a settlement submitted to a federal court in Los Angeles on Monday, the publishing house, which is part of the Warner Music conglomerate, agreed to pay $14 million and end its efforts to collect royalties for the song.
“By declaring the song to be in public domain, settlement will end over 80 years of uncertainty regarding disputed copyright,” the settlement submitted by plaintiffs to court said.
The deal needs a judge’s approval, which is likely because both sides are in agreement.
While the publisher was not chasing down birthday party revellers to seek payment, it had routinely asked for compensation for films, television shows and recordings seen as making money on the song.
The settlement said that $14 million to $16.5 million represented the estimated amount that Warner/Chappell would have earned through 2030, the earliest date at which its disputed copyright would end.
Filmmakers’ lawyers would pocket one-third of settlement money with rest divided among people who had paid to use ‘Happy Birthday to You’.