Publisher to pay $14M in ‘Happy Birthday’ copyright case

Happy Birthday candles displayed on a cake.

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

People who perform the song at home – while previously liable to pay – were rarely, if ever, pursued for the fees. “The settlement ends what is surely the most infamous copyright dispute of all time in plaintiffs’ favor”. Then, it was called “Good Morning to All” and carried different lyrics.

Nelson was making a documentary about the song’s history when she was told she would have to pay $1,500 to use it in her film.

Finally on Monday, a settlement was presented to a federal court in Los Angeles that would see Warner compensate everyone who paid licensing fees to use the song – reaching a total of $14 million.

“Happy Birthday to You” will be free for all to use without fear of a lawsuit.

But when the song was used for commercial purposes, such as in films, Warner demanded payment and took in an estimated $2 million in royalties for such uses each year.

In a court filing, Rifkin wrote that his law firm will seek a $4.62 million fee for its legal work in the case, plus up to $400,000 in reimbursement of out-of-pocket expenses.

Warner and its Warner/Chappell music publishing arm contended they got the copyright via the 1988 purchase of the company that had obtained the rights from the Hills’ publisher. Other plaintiffs included a group of artists.

According to the terms of the proposed settlement, the money would be distributed among those who paid licensing fees for the song during the previous five decades. A hearing on the preliminary approval of the settlement is scheduled for 14 March. However, Warner will not admit to any wrongdoing and does not agree with King’s decision.