That California judge who oversaw the dangling of the fate of the celebratory world’s most popular obnoxious song back in March ultimately decided with a federal gavel on Tuesday that for those about about to solute happy birthday, shall do so copyright free.
Citing a 1935 original copyright law, the judge basically declared the law bogus, in that it does not pertain to the lyrics of the song, merely the melody, ending an 80-year ban that Warner/Chappell would eventually shuffle about their possession in the 80s and charge hundreds of thousands of dollars per single commercial use ever since, raking in near $2 million a year, according to some reports.
An example of the extreme faceless corporate strong-arming can be seen in everything from the largely public funded 1994 socio-political documentary Hoop Dreams, in which its creators had to pay $5k for an innocuous birthday scene in one of the main character’s home.
We explored the backstory of this Monsanto-ing of things that should not be owned by the powers that be already, but essentially, a couple school teachers and kindergartners conceivably created this tune that happened to enter the English vernacular so ubiquitously through time. Technically, before the ruling, Warner/Chappell could lay down the law over a song and cake dance at a diner if they really wanted to.
And we can all thank a crew of budding filmmakers for finally blowing the whistle on this, who unlike the Hoop Dreams people, did not roll over and pay up, but instead filed a lawsuit in 2013.
Wether or not all the copyright “offenders” over the years will retaliate and counter-sue for the money back will be interesting. But for now, America, take solace in the fact that your local Applebee’s can fear not anymore the wrath of a fine for embarrassing you with the infamous refrain.
