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Judge George H. King ruled Tuesday afternoon that a copyright filed by the Summy Co. in 1935 granted only the rights to specific arrangements of the music, not the actual song itself.
"Because Summy Co. never acquired the rights to the Happy Birthday lyrics," wrote King. [shadesofgraylaw.com] "Defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics."
"'Happy Birthday' is finally free after 80 years," said Randall Newman, an attorney for the plaintiffs, which included a group of filmmakers who are producing a documentary about the song. "Finally, the charade is over. It's unbelievable."
Of course, the trail of vultures isn't quite over yet. Class-action suites are already lining up to claim a share of the $2 million+ per year that Warner Music was reportedly earning off the song.
Let's celebrate this victory for sane copyright by reproducing some multi-million dollar lyrics: Happy birthday to you / Happy birthday to you / Happy birthday dear $username / Happy birthday to you.