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Delighted. Shutterstock/LuckyImages

You can now sing 'Happy Birthday' free of charge

“Everyone who has a birthday can celebrate.”

A US FEDERAL judge today signed off on a settlement that puts the song “Happy Birthday” – considered one of the most recognisable tunes in the English language – in the public domain.

The settlement approved by Los Angeles judge George King ended a long-running legal dispute challenging music publisher Warner/Chappell Music’s claim that it owned the song’s copyright.

“This is a huge victory for the public and for the artists who want to use ‘Happy Birthday to you’ in their videos and music,’” attorney Daniel Schacht said.

He represented plaintiffs in a class-action suit filed in 2013 after the producers of a low-budget documentary about the song’s history balked at the $1,500 the publisher demanded for its use.

“Everyone who has a birthday can celebrate,” he said.

King had ruled last year that the song does not belong to Warner/Chappell, which subsequently agreed to pay $14 million in a settlement that effectively put to rest its copyright claim along with its efforts to collect royalties.

Rupa Marya, one of the plaintiffs in the case and leader of a California band that had been asked to pay $455 to use “Happy Birthday” in one of its albums, hailed today’s settlement as a key moment for the music industry.

“It’s nice to know the song is officially liberated,” she told reporters as she sang “Happy Birthday” outside the courthouse while playing the guitar.

“People should wake up and realise that we can challenge corporations that are overstepping their place.”

Both sides in the court case generally agreed that the song was put to paper in 1893 by Patty Hill, a kindergarten instructor in Kentucky, with her sister Milfred, although some say the melody came earlier.

Schoolchildren would sing the tune, which was initially titled “Good Morning to You.”

Warner/Chappell Music, the global publishing arm of Warner Music, acquired the company that had previously claimed ownership of the song in 1988 and argued that the copyright to the lyrics would expire in 2030.

The case is the latest high-profile dispute regarding song copyrights.

Last week, a jury in Los Angeles found that British rock group Led Zeppelin did not steal the intro to the iconic track “Stairway to Heaven” from a long-defunct Los Angeles band.

- © AFP, 2016

Read: Fianna Fáil wants a new law to protect the national anthem

Also: Judge rules selfie monkey can’t own photo copyright

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    Mute Liz Giltinane
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    Sep 22nd 2011, 2:32 PM

    Bill Gates does amazing work for the third world, so not a bad person to see topping the list.

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    Mute Julian King
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    Sep 22nd 2011, 4:10 PM

    I’m sure he could be doing more if he’s got 59 billion in his account.

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    Mute Chris lynch
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    Sep 22nd 2011, 4:31 PM

    @Julian – he is givening most of it away to Charities in his will.

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    Mute Paul Murphy
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    Sep 22nd 2011, 1:55 PM

    I’m pretty sure theres a couple of electricians working for the ESB that should be on the list…

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    Mute John
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    Sep 22nd 2011, 1:38 PM

    But are they happy….?

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    Mute Chris lynch
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    Sep 22nd 2011, 1:56 PM

    ya

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    Mute Mike Reid
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    Sep 22nd 2011, 1:57 PM

    Bill looks happy :)

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    Mute Wujashtop
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    Sep 22nd 2011, 4:11 PM

    I’ve met David Koch many times… Nice guy and yes he’s happy.

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    Mute Simon Finglas
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    Sep 22nd 2011, 6:07 PM

    No, but they can cry in their $200m yacht!

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    Mute Angels Spain
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    Sep 22nd 2011, 1:36 PM

    Hmm that can’t be right! Where is the president of Ireland on that list ?????????

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    Mute Thomas Mc Carthy
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    Sep 22nd 2011, 11:21 PM

    You know what is sickening those five people have more than 250 billion of the worlds resources. How many lives could they save, how could they make the world a better place if they gave even half of it away. Everything that’s wrong with the world is manifested in that list, pure greed.

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    Mute Simon Power
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    Sep 22nd 2011, 6:22 PM

    Warren Buffett is also heavily involved in the Gates Foundation and has allowed his name to be put on Obama’s new tax measures that intend to close tax loop holes for the mega wealthy. It will never pass gestation but it has good intentions.

    Lest we also forget that Gates was a ruthless cut throat towards his competitors even by American standards. I guess he wants to repent or polish his legacy or both.

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    Mute Julian King
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    Sep 22nd 2011, 4:56 PM

    No time like the present, why doesn’t he donate ten or twenty billion now, I’m sure he’ll survive.

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    Mute Thomas Mc Carthy
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    Sep 22nd 2011, 11:22 PM

    You the man

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    Mute Aydo
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    Sep 22nd 2011, 2:04 PM

    In all seriousness, who cares?

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    Mute Chris lynch
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    Sep 22nd 2011, 3:44 PM

    You seem you care – you didn’t have to click the link to the story if you didn’t care

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    Mute ponythegringo
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    Sep 23rd 2011, 2:24 AM

    I can’t believe David Hasselhof didn’t make it into the top ten…?

    He must be drinking more than I thought.

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    Mute Jonathan Hayes
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    Sep 22nd 2011, 6:19 PM

    David Koch only has $25? I might have more!

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