Happy Birthday in the Public Domain?
Warner/Chappell Music has recently responded in court for the first time to a lawsuit that claims that “Happy Birthday” is in the public domain. Plaintiffs Rupa Marya and Robert Siegel have traced the song to a schoolteacher named Patty Smith Hill and her sister Mildred Hill dating back to the 19th century.
Warner/Chappell is choosing not to challenge the evidence presented by plaintiffs but to narrow the lawsuit’s state claims based on federal copyright law preemption. The Defendant is also looking to exclude certain plaintiffs by invoking the Copyright Act’s three-year statute of limitations period.
The plaintiffs’ case at this point appears to hold some weight; whether or not the court chooses to limit the suit based on Warner/Chappell’s argument seems to dictate just how far it will proceed.
See the full article here.