Warner Music has "extracted millions of dollars in unlawful licensing fees" over "Happy Birthday"

[The Straight Story]

Happy Birthday to Everyone, Except Warner/Chappell Music

MANHATTAN (CN) - Warner/Chappell Music has "extracted millions of dollars in unlawful licensing fees" for the 120-year-old "Happy Birthday" song, which is in the public domain, Good Morning to You Productions claims in a federal class action.

There is no question that the song is in the public domain; the only question is how Warner/Chappell has bullied people into paying for it, Good Morning to You says in the complaint.

Good Morning is making a documentary about the Happy Birthday song, which, not surprisingly, will include the tune. It claims it succumbed to Warner/Chappell's demand for a $1,500 licensing fee, but balked upon receiving a second letter from Warner/Chappell, warning that it could face a $150,000 statutory penalty for copyright infringement.

The complaint states: "More than 120 years after the melody to which the simple lyrics of 'Happy Birthday to You' is set was first published, defendant Warner/Chappell boldly, but wrongfully and unlawfully, insists that it owns the copyright to 'Happy Birthday to You,' and with that copyright the exclusive right to authorize the song's reproduction, distribution, and public performances pursuant to federal copyright law. Defendant Warner/Chappell either has silenced those wishing to record or perform 'Happy Birthday to You' or has extracted millions of dollars in unlawful licensing fees from those unwilling or unable to challenge its ownership claims.

http://www.courthousenews.com/2013/06/14/58518.htm

[HiPointDem]

1. kr

[Faryn Balyncd]

2. Warner is a criminal organization.

[Beaverhausen]

6. LOL!!!

[hunter]

3. The patent and copyright system is broken.

There are so many bogus patents and copyrights, and so many well-financed trolls, that the progress of arts and sciences in the USA is significantly impeded.

Cleaning up the mess will not be easy.

I've no objection to the concept of patents or copyrights themselves, I do not begrudge an author like J.K. Rowling a single penny of her wealth, but for every author or innovator like her making the world a brighter place there are dozens of intellectual property trolls trying to drag us back into the darkness.

[The Straight Story]

4. Well said (nt)

[Jim Lane]

5. The legal status isn't as clear as this complaint alleges.

From the excerpt in the OP:

There is no question that the song is in the public domain...., Good Morning to You says in the complaint.

Well, yeah, there is a question. Snopes investigated and concluded that the song is still under copyright, and will remain so "until at least 2030" (I assume they write "at least" because Congress might pass another law extending copyrights). The Snopes piece is here: "Happy Birthday, We'll Sue".

On the other hand, the facts and the law are complicated enough that there's room for disagreement. One law professor who studied the subject intensively concluded, contrary to Snopes, that the song is in the public domain. His full analysis (and by "full" I mean a 69-page pdf) is available here.

[The Straight Story]

8. Thanks for the links and further information

Kind of in and out today but will read up on the pdf later - who knew you could spend that many pages on Happy Birthday?

[Beaverhausen]

7. Another article which tells the story a bit differently

http://touch.latimes.com/#section/-1/article/p2p-76295823/