Lawyers Say New Proof Will Show ‘Happy Birthday’ Not Protected by Copyright - Articles

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Posted by: Brittany Sims on Jul 29, 2015

Lawyers who claim the Happy Birthday song is in the public domain say, in a motion filed Monday, that newly disclosed evidence contains the “proverbial smoking gun” that proves the lyrics are no longer protected by copyright, the ABA Journal reports. The cited proof: A 1922 song book that included the Happy Birthday song without a copyright notice. The motion seeks a summary judgment ruling that the lyrics have been in the public domain since at least 1922, and copyright protects only specific piano arrangements of the song. The lawyers represent a documentary filmmaker who filed a class action lawsuit over a $1,500 Happy Birthday licensing fee.