But even those who wanted to sing the song publicly as part of a business, say a restaurant owner giving out free birthday cake to patrons, technically had to pay to use the song, prompting creative renditions at chain eateries trying to avoid paying royalties. Royalties were most often collected from stage productions, television shows, movies or greeting cards. Until now, Warner has asked for royalties from anyone who wanted to sing or play “Happy Birthday to You” - with the lyrics - as part of a profit-making enterprise. Goliath battle that pitted independent filmmakers against a large corporation collecting profits on a song whose authors had long since died. The plaintiffs’ attorneys had characterized the years-long legal fight as a David vs. It’s unbelievable.”Ī spokesman for Warner/Chappell, the publishing arm of Warner Music, said, “We are looking at the court’s lengthy opinion and considering our options.” “‘Happy Birthday’ is finally free after 80 years,” said Randall Newman, an attorney for the plaintiffs in the suit, which included a group of filmmakers who are producing a documentary about the song.
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