Unbeknownst to many, however, the rights to the song actually belong to Warner/Chappell Music Inc., the publishing arm of Warner Music Group, and the group maintains sole rights to the song’s reproduction, distribution, and public performances. A new lawsuit brought against the company seeks to change that and make the popular tune public domain.
Good Morning to You Productions Corp., a New York-based company that is making a documentary about the song, recently brought a lawsuit against Warner/Chappell Music, after being required to pay Warner/Chappell $1,500 for a license to use the song. Companies that fail to pay licensing fees and use the song without Warner/Chappell’s permission face penalties as high as $150,000. Reuters reports that the company has collected more than $2 million in licensing fees for use of the tune.
The 120-year-old song was originally entitled “Good Morning to All” by Mildred J. Hill and Patty Smith Hill. The initial lyrics read “Good morning to you / Good morning to you / Good morning dear children / Good morning to all,” but were eventually changed into the popular “Happy Birthday” tune known today.
While the exact details of the lawsuit have not been released, the plaintiff is suing for “millions of dollars of unlawful licensing fees”, the proceeds of which are to be distributed to thousands of individuals and companies that have been required to pay for the song, according to Reuters. The group said that the company cannot rightly hold the rights to the 1893 song under current entertainment law.
“More than 120 years after the melody to which the simple lyrics of ‘Happy Birthday to You’ is set was first published, defendant Warner/Chappell boldly, but wrongfully and unlawfully, insists that it owns the copyright to ‘Happy Birthday to You,'” the lawsuit said, Reuters reports.
Breach of Contract Explained: Types and Consequences
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Gross Lease vs. Net Lease: Understanding the Key Differences
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
