It may be one of the most widely sung songs in history, and now a federal judge in California is ruling that the "Happy Birthday To You" song belongs in the public domain.
Judge George H. King ruled Tuesday that Warner/Chappell Music does not have a copyright claim to the song even though it purchased a successor to the company that owned the original copyright. King ruled that the original copyright filed by the Summy Co. in 1935 granted only rights to certain arrangements of the music, but not to the song, the Los Angeles Times reports.
Because the Summy Co. never acquired the rights to song's lyrics, Warner/Chappell does not own a valid copyright, the judge ruled.
Warner/Chappell is looking at the court's opinion and exploring options, a company spokesman told The Hollywood Reporter.
A group of filmmakers who are making a documentary about the song filed the claim.
"'Happy Birthday' is finally free after 80 years," Randall Newman, lawyer for the plaintiffs, told the Times. "Finally the charade is over. It's unbelievable."
The battle over the ditty began 120 years ago.
The song was written by Kentucky schoolteacher Patty Smith Hill and her sister Mildred Hill. The original lyrics were built around the phrase "good morning to you."
The ruling means that the public may use the song freely and royalties will not go to Warner/Chappell whenever the song is played. Warner/Chappell has made about $2 million a year in royalties from the song, the Times estimates. The company could not be reached late Tuesday.
