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The claimant, Good Morning To You Productions, argues that it has "irrefutable documentary evidence, some dating back to 1893, [which] shows that the copyright to 'Happy Birthday,' if there ever was a valid copyright to any part of the song, expired no later than 1921 and that if defendant Warner/Chappell owns any rights to 'Happy Birthday,' those rights are limited to the extremely narrow right to reproduce and distribute specific piano arrangements for the song published in 1935."
The Plaintff is seeking a declaration that the work is dedicated to public use and is in the public domain.
More from Hollywood Reporter here http://www.hollywoodreporter.com/thr-esq/happy-birthday-all-filmmaker-aims-568355 and the Wall Street Journal here http://blogs.wsj.com/law/2013/06/13/a-bitter-dispute-over-happy-birthday-to-you/ and the complaint as filed is here http://www.scribd.com/doc/147645129/Happybirthday and an earlier 2011 article which is an interesting read can be here http://www.slate.com/articles/arts/culturebox/2011/07/you_say_its_your_birthday.single.html
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