The 'Happy Birthday' song may finally be in the public domain

birthday cake
birthday cake

(AndrewEick/Flickr)

A federal judge has ruled that one of the most popular songs on the planet belongs in the public domain.

"Happy Birthday to You," a song heard at countless birthday celebrations, could be released from it's copyright holder, Warner/Chappell Music, according to The Hollywood Reporter.

The case stems from a lawsuit filed by filmmakers who challenged Warner/Chappell's copyright claim.

A federal judge ruled Tuesday that the plaintiffs should be granted summary judgment in the case, THR's Eriq Gardner reports. The favorable ruling means the matter is resolved without the need for a court trial.

Warner/Chappell — then-called Warner Communications — spent $25 million on a company in 1988 that owned a slate of musical compositions — one of which was the "Happy Birthday" song. The acquisition reportedly netted Warner the rights to what Guinness World Records once named the most-recognized song in the English language.

According to the Associated Press, the judge ruled that the copyright only covered "specific arrangements of the tune, and not the actual song itself."

Filmmakers have long griped over the cost of licensing the "Happy Birthday" song for TV and movies. Business Insider's Jason Guerrasio explains the tune's meandering history, beginning with its origins dating back to Kentucky in the 1800s.

Warner/Chappell could lose somewhere around $2 million per year in revenue on the song without the copyright, and barring any pending appeals.

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