NY film maker sues to bring ‘Happy Birthday’ to public domain

Back in February, this blog discussed the copyright issues surrounding the song "Happy Birthday." While most people likely assume that the song is in the public domain, this particular piece of intellectual property is owned by Warner Bros., and the company is owed royalties every time the song is used commercially without permission.

Sisters Mildred Hill and Patty Smith Hill composed a song with a similar melody in the late 1800's titled "Good Morning to All," which was later adapted into the birthday song that we all know. That song was copyrighted in 1935 and purchased by Warner Bros. more than 50 years later when it acquired the company Birchtree Ltd. and all of its intellectual property.

However, a New York filmmaker is suing to make the song public again, according to a report in the New York Times. 

Jennifer Nelson, who is currently producing a documentary about the song's history, seeks to have the song performed in one scene. But for that to happen, she was required to pay Warner Bros. $1,500 and enter an agreement with Warner/Chappell, the publishing arm of the Warner Music Group.

"Before I began my filmmaking career, I never thought the song was owned by anyone," Nelson told the news source. "I thought it belonged to everyone."

Her lawyer, Mark Rifkin, argued that commercial entities should be able to use the song without worrying about copyright infringement.

"It's a song created by the public, it belongs to the public, and it needs to go back to the public," he said.

All businesses should ensure that their intellectual property is indisputably theirs, and well protected. Local businesses faced with this situation should consult with a Phoenix small business attorney.

Categorised in: Intellectual Property Law

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