King`s decision comes in a lawsuit filed two years ago by Good Morning To You Productions Corp., which is working on a documentary film tentatively titled "Happy Birthday." The company challenged the copyright now held by Warner/Chappell Music Inc., arguing that the song should be "dedicated to public use and in the public domain."
"Because Summy Co. never acquired the rights to the `Happy Birthday` lyrics, defendants, as Summy Co.`s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics," King concluded in his 43-page ruling.
The lawsuit also asked for monetary damages and restitution of more than $5 million in licensing fees it said in 2013 that Warner/Chappell had collected from thousands of people and groups who`ve paid to use the song over the years.
Marshall Lamm, a spokesman for one of the plaintiffs` lawyers, said that issue would be determined later.
In the meantime, one of the suit`s co-plaintiffs, Ruypa Marya of the music group Ruypa & The April Fishes, praised Tuesday`s decision.
"I hope we can start reimagining copyright law to do what it`s supposed to do — protect the creations of people who make stuff so that we can continue to make more stuff," said Marya, who added she paid Warner/Chappell $455 to include "Happy Birthday To You" on a live album during which members of her band and audience sang the song to her the night before her birthday.
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