WASHINGTON — Soon, “Happy Birthday” will be free.
OK, the music publisher Warner/Chappell wasn’t really coming after everyone at kids’ birthday parties looking for a royalty payment. But it was charging film and TV producers, performers and others for using the song that dated back to the 19th century until it were sued by a documentary producer last year.
Warner/Chappell will settle the class action suit for $14 million, The Hollywood Reporter says, and will not stand in the way of Judge George King declaring “Happy Birthday” to be in the public domain.
King declared last September that Warner/Chappell had no claim to the rights to the lyrics to the classic, only certain arrangements. In December, the two sides announced that they would settle. Terms of the settlement were filed Monday.
Filmmaker Jennifer Nelson filed the suit after she was charged $1,500 to use “Happy Birthday” in a documentary she was making about the song. After legal fees, the money will go to people who have had to pay for using the song over the years.
