Joe Mullin, writing for Ars Technica, presents a story that has been flying around the internet:
More than two years after a documentary filmmaker challenged the copyright to the simple lyrics of the song “Happy Birthday,” a federal judge ruled Tuesday that the copyright is invalid.
The result could undo Warner/Chappell’s lucrative licensing business around the song, once estimated to be $2 million per year.
In a nutshell, a victory in the copyright challenge would mean movies, TV shows, and other public performances of the definitive birthday song could be done for free. As is, use of the song is expensive. So much so that restaurants were forced to come up with their own spin on the song to sing to guests.
But before the celebration is memorialized by embedding the song in film and other media, there’s still another step or two to go:
The company is likely to appeal the ruling to the US Court of Appeals for the 9th Circuit.
And if they lose that appeal, they still can petition the Supreme Court. So this is not quite a done deal. Almost, but not quite. It could be years until we know for sure.
I won’t believe is so until in I see it! To look at from this point, the lawyers are arguing this so they won’t be happy until it gets to the Supreme Court!
BBC is reporting that “Despite the ruling, the song still remains under copyright in the UK and other countries” http://www.bbc.com/news/world-us-canada-34332853 So this is still a problem for Hollywood, but it’s a step in the right direction. Warner/Chappell are basically the original patent trolls so it’s good to see this happen.