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Happy Birthday

A fascinating new development has occurred in the "Happy Birthday" copyright infringement action by Warner, which apparently just produced in discovery, very belatedly, a smoking gun document that is now the subject of a July 27, 2015 motion by Good Morning To You Productions (Good Morning) for the Cal. District Court to consider this newly discovered evidence before ruling on pending summary judgment motions. The evidence consists of 1922 and 1927 sheet music publications of the song Happy Birthday (same lyrics and melody) in "The Everyday Song Book" - the kicker is that there is no copyright notice on the sheet music, which would invalidate any copyright under the 1909 Act.

Apparently, Warner previously claimed that the song was first published in 1935, but Good Morning argues that was only for a specific piano arrangement and not the actual original song.


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This page contains a single entry from the blog posted on August 4, 2015 11:20 AM.

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