Santa Clara, CA: A proposed settlement has been reached in the royalties class action
captioned Good Morning to You ProductionsCorp., et al. v. Warner/Chappell Music, Inc.,et al., Lead Case No.CV 13-04460-GHK (MRWx) (C.D. Cal.) (the “Action”) making the song, "Happy Birthday to You," public domain. The settlement includes the repayment of $14 million in royalties collected by Warner/Chappell and a court order placing the song in the public domain.
The settlement class includes:
(a) all Persons who, at any time since September 3, 1949, directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) for each such Person’s use of the musical work entitled Happy Birthday to You! with the lyrics, “Happy Birthday to you, Happy Birthday to you, Happy Birthday dear ______, Happy Birthday to you!” (referred to as “the Song.”);
(b) all Persons who, at any time since September 3, 1949, directly paid HFA, Alfred or Faber as agents for Defendants or their predecessors-in-interest for each such Person’s use of the Song; or
(c) the American Society of Composers, Authors and Publishers (ASCAP), foreign collecting societies (such as, for example, SACEM and GEMA), and any other Person who at any time since September 3, 1949 has issued blanket licenses covering the Song, but only for the amounts allocated to the Song by such Persons and directly paid to Defendants or their predecessors-in-interest (or either’s Affiliates) pursuant to such blanket licenses; or
(d) (i) digital rights aggregation services (such as, for example, Music Reports, Inc.), (ii) foreign sub-publishers (such as, for example, EMI Music Publishing Ltd.), and (iii) Persons not enumerated in sub-paragraph (b),(c), or items (i)-(ii) of this sub-paragraph (d) who directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) on behalf of other Persons for such other Persons’ use of the Song at any time since September 3, 1949, but only to the extent that the Persons listed in items (i)-(iii) of this sub-paragraph (d) directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) amounts that were comprised of payments by or on behalf of other Persons for such other Persons’ use of the Song.
If you are a member of the Settlement Class, you must submit a claim no later than May 27, 2016. Additional terms of the settlement are provided in the Settlement Agreement.
