NEW YORK: A US film production firm has lodged a lawsuit arguing that the most popular song in the English language, “Happy Birthday to You,” should be public property and not subject to copyright.
Good Morning to You Productions (GMTY), which is making a documentary on the tune, said it was forced to pay Warner/Chappell $ 1,500 to use the song in order to avoid being fined $ 150,000 for unauthorized use. It has filed suit in a federal court in New York demanding that the government declare invalid the copyright over the song.
The 26-page lawsuit also demands the return of “millions of dollars of unlawful licensing fees collected by defendant Warner/Chappell pursuant to its wrongful assertion of copyright ownership of the song.”
“Defendant Warner/Chappell has collected and continues to collect at least $ 2 million per year in licensing fees for Happy Birthday to You,” it added. A spokesman for Warner/Chappell declined to comment.
