A judge has ruled that Warner/Chappell’s claim of the song “Happy Birthday” is invalid and the song is in the public domain. This has long been a notable case of copyright abuse and it’s thrilling to see it finally corrected.
It’s been two years since filmmakers making a documentary about the song “Happy Birthday” filed a lawsuit claiming that the song shouldn’t be under copyright. Now, they have filed (PDF) what they say is “proverbial smoking-gun evidence” that should cause the judge to rule in their favor.
The “smoking gun” is a 1927 version of the “Happy Birthday” lyrics, predating Warner/Chappell’s 1935 copyright by eight years. That 1927 songbook, along with other versions located through the plaintiffs’ investigations, “conclusively prove that any copyright that may have existed for the song itself… expired decades ago.”
Source: Filmmakers fighting “Happy Birthday” copyright find their “smoking gun” | Ars Technica