Birthdays had never cost so much - at least singing 'Happy Birthday To You' in any recorded media meant for public distribution or display - thanks to the copyright policies music publisher Warner/Chappell clamped onto it since 1940. This has changed however, following the resolution of a case filed against Warner/Chappell Music.
The song went to trial in 2013, when a film company by Jennifer Nelson that was developing a documentary called 'Happy Birthday' about the song said that Warner/Chappell's has no legally valid claim to it and refused to pay the $1,500 synchronization license fee attached to the song. Nelson along with other plaintiffs who have been paying the licensing fee brought the music company to court.
They argued that 'Happy Birthday To You', which can be traced back to a schoolteacher named Patty Smith Hill and her sister Mildred Hill in the 19th century, should have been public property. The Hill sisters were said to have eventually sold the song to Clayton Summey from whom Warner/Chappell Music bought the rights.
The case took a stronger direction when evidences surfaced to show that the transfer of rights from the Hill sisters were never properly cpmpleted, and in September 2015 US Chief District Court Judge George King ruled that Warner/Chappell has no valid copyright to the Happy Birthday song'. Warner/Chappell Music would have had to pay back a very huge amount from the $2 million per year that it had been earning off the song as the scheduled trial next week would have looked into this.
Judge King now says in a short order that the case has been resolved and all parties have reached an agreement, the details of which will be released in the future. Happily, Happy Birthday belongs to the public and no one ever has to pay any more to be able to use the Happy Birthday song.
A spokesperson Warner/Chappell commented, "While we respectfully disagreed with the Court's decision, we are pleased to have now resolved this matter."
One of the lawyers for the plaintiffs, Randy Newman says: "The only statement I can make is that the settlement resolves all issues in the case."
