Happy Birthday Song Class Action Lawsuit Settles for $14 Million

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Defendant Warner/Chappel Music Inc., and others, have settled a class action lawsuit over royalties paid to use the song “Happy Birthday to You” for $14 million, and has agreed to give up all claims that the song is copyrighted.

“After nearly three years of intensive litigation, the Parties have reached an agreement to settle this class action against Defendants over the disputed copyright to Happy Birthday to You, the world’s most popular song,” the class plaintiffs told the court in their filing. “If approved,” the plaintiffs added, “the Settlement will end more than 80 years of uncertainty regarding the disputed copyright.”

The class action lawsuit was originally filed in June of 2013, and alleged that the copyright to the Happy Birthday song was invalid. Lead plaintiff Good Morning to You Productions Corp. claimed that it had “irrefutable documentary evidence” that the Happy Birthday song dates back to 1893, and any copyright to it must have expired in 1921. The Happy Birthday song class action lawsuit alleges that Warner/Chappel made $2 million per year in royalties and licensing fees on the song, and the plaintiffs filed the complaint seeking restitution for everyone who paid to use the song.

The plaintiffs initially claimed that the defendants also violated California unfair business practice laws, but in October of 2013 the defendants successfully argued that only the federal copyright claim applied. On the issue of the copyright, defendant Warner/Chappel argued that the Happy Birthday song came from a song called “Good Morning to All” written by the Hill sisters. The Hill sisters sold the rights to that song, and 70 others, to music publisher Summy Co. in 1893. Summy Co. then published the song and filed for a copyright in 1935, and Warner/Chappel obtained the rights to the song from Summy Co., according to Warner/Chappel.

However, in September of 2015 the court disagreed ruling that the melody to the Happy Birthday came from the Hill sister’s “Good Morning to All,” but not the lyrics. The original copyright in 1935 had no lyrics, and claimed the song was an “arrangement as easy piano solo, with text.” “Obviously, pianos don’t sing,” the court declared, and found that the 1935 copyright was invalid.

On Feb. 8, 2016, the parties asked the court for preliminary approval of their potential settlement of the Happy Birthday song class action lawsuit.  If approved by the court, the defendants will pay $14 million into a settlement fund, which will be used to reimburse essentially anyone who paid for the right to use the Happy Birthday song at any time since 1949. In addition, the defendants will give up any claim to the Happy Birthday copyright, which otherwise would last until the year 2030.

Potential Class Members will have to file a claim form to receive any payment. Claims will be split into two classes: “Period One” will be those who paid to use the Happy Birthday song after June 13, 2009; and “Period Two” will be those who paid for the song between Sept. 3, 1949 and June 13, 2009. Up to $6,250,000 of the total settlement will be paid to “Period One” claimants, with the rest going to “Period Two” claimants, on a pro rata basis.

Details about when and how to file a claim for the Happy Birthday song class action lawsuit settlement were not immediately available, and will be updated if the court approves the potential settlement.  Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by the law firms of Wolf Haldenstein Adler Freeman & Herz LLP, Randall S. Newman PC, Hunt Ortmann Palffy Nieves Darling & Mah, Inc., Donahue Fitzgerald LLP, and Glancy Prongay & Murray LLP.

The Happy Birthday Song Class Action Lawsuit Settlement is Good Morning to You Productions Corp., et al. v. Warner/Chappell Music Inc., et al., Case No. 2:13-cv-04460, in the U.S. District Court for the Central District of California.