Settlement reached in ‘Happy Birthday’ copyright lawsuit

According to a source, once the settlement is finalized, “Happy Birthday” will be in the public domain beyond dispute.

King ruled in September that the song was not legally owned by publisher Warner/Chappell Music, but refrained from declaring the tune to be in the public domain.

Warner/Chappell argued that the judge should reconsider this ruling or authorise an appeal.

Chief US District Judge George King, in Los Angeles, said in court papers that a trial scheduled for next week would not go ahead after the artists and filmmakers settled with Warner/Chappell Music.

The case against Warner/Chappell was launched in 2013 by Rupa Marya and Robert Siegel, who were working on a documentary about the song.

The settlement is expected to resolve all issues in the case, an attorney for the plaintiffs said, including the status of the Hill Foundation and the Assn. for Childhood Education Intl., beneficiaries to the estate of original author Patty Hill and her sister, Jessica.

Warner contended its copyright to the lyrics came through the Hill sisters’ publisher that it had acquired.

Over the years, the rights passed from the Clayton F. Summy Co.to Birch Tree Group and then to Warner when it bought Birch Tree in 1988.

Children of the future will likely live in a world where they will no longer have to fear a costly lawsuit for singing “Happy Birthday to You” to their best buddies. The song was first published in 1893 in “Song Stories for Kindergarten”, and later the lyrics to “Happy Birthday” were adapted to the song’s melody. They were mentioned in a 1901 publication but the full lyrics didn’t appear in print until 1911. The charities had accepted royalties from Warner/Chappell for more than 20 years.