There has been much in the media this week about the US District Court ruling that Warner/Chappell’s claim to the copyright to the well known tune “Happy Birthday to You” is not valid. For many years, any time that the song has been played in films, advertisements, TV episodes, or other public performances, a licensing fee has been payable and collected by Warner/Chappell who claimed that they own the copyright to the song and that it doesn’t expire until 2030. But a US judge has ruled against them, meaning that the song could now be part of the public domain, hence free to use. It is now to be decided in the US whether Warnell/Chappell will have to pay back all of the licensing fees and royalties that they have collected from people since the late 1980’s – a sum estimated to be in the region of $2m a year. There has been less commentary on the impact of this ruling outside the US. It should be borne in mind that the song, or various other aspects to it, may still be subject to copyright in the UK and other countries. For example, copyright may still subsist in the piano arrangements relating to the melody, even if not the actual lyrics. We would therefore advise that caution is taken, and professional advice is sought, before anyone in the UK assumes that they are now free to use the song.
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