‘Smoking Gun’ Evidence Could Eradicate Copyright Claims for the World’s Most

On the eve of a judge’s ruling, attorneys find key evidence tucked away in the files of the opposing side. They were told the documents were held back “mistakenly”. Because one of the things in this very late data dump is a 1927 publication of the song Happy Birthday in “The Everyday Song Book“. 1996) (emphasis added). None of these notice requirements was met for the Good Morning and Birthday Song included in the fourth edition of The Everyday Song Book published in 1922. Warner/Chappell, the company that has been raking in millions for “Happy Birthday“, has claimed its copyright is from 1935. For years, the group has collected an estimated $2 million a year from anyone who uses the tune for commercial purposes.

Gromit’s card sang “Happy Birthday to You” within the movie launch of “The Wrong Trousers”, however was modified for the DVD launch The melody for “Happy Birthday to You” is attributed to American sisters Patty and Mildred J.

The class action lawsuit was filed by US filmmaker Jennifer Nelson, who is trying to recoup the £900 she paid Warner/Chappell to use Happy Birthday in her documentary about the song. After first being reported by The Hollywood Reporter, news of the litigation spread across the globe and was called the “lawsuit for the ages” by The New York Times. Since the lyrics were already in the public domain long before 1935, there was nothing else to be copyrighted other than the new work that Summy’s employees contributed when those copyrights were registered. Later, copyright registrations were made by Sumny’s company on “Happy Birthday“. The prosecution’s filing, which can be viewed in full right here, arrives two days before U.S. District Judge George King was set to rule on the matter.

The publishing arm of Warner Music Group has claimed since the 1980s to have exclusive rights to the song’s reproduction, distribution and public performances. The song publisher said there was no such proof of that. A further hearing in the California court case is scheduled for Wednesday. If you’re like most people, when you’re gathered around a cake with candles, you sing an off-tune version of a song that begins “Happy Birthday to you”.

Here’s plaintiff’s latest court papers.

Randall Newman, one of the attorneys for Miss Nelson, said Warner/Chappell “should admit defeat but they won’t because too much money is at stake”.

Her team then tracked down an earlier edition published in 1922, found in the archives of The University of Pittsburgh, which included a version of Happy Birthday, published without a copyright notice, unlike other songs in the book.

Now a blurry picture from an 88 year-old songbook, found in Warner Chappell’s files, has delivered the “proverbial smoking gun” according to lawyers for filmmakers working on a documentary about the history of the song, who are suing its publishers for the right to use it without a license fee.

Summy appears to have given “special permission” for the 1922 book – but in an attempt to at least let the case go to trial, Warner/Chappell asks “Was it for Good Morning to All only?”