None of the companies that have collected royalties on the “Happy Birthday” song for the past 80 years held a valid copyright claim to one of the most popular songs in history, a federal judge in Los Angeles ruled on Tuesday.
In a stunning reversal of decades of copyright claims, the judge ruled that Warner/Chappell never had the right to charge for the use of the “Happy Birthday to You” song. Warner had been enforcing a copyright since 1988, when it bought Birch Tree Group, the successor to Clayton F. Summy Co., which claimed the original disputed copyright.
Judge George H. King ruled that a copyright filed by the Summy Co. in 1935 granted only the rights to specific piano arrangements of the music, not the actual song.
Source: L.A. Times, September 22