King will have to sign off on it. At the time, the judge stopped short of declaring that the song was in the public domain, and just before a trial was set to begin in December exploring the history of a song dating back to a 19th century schoolteacher named Patty Smith Hill and her sister Mildred Hill, the sides reached an agreement. This has limited the number of times the Song was performed and used. After the Settlement is approved, that restraint will be removed and the Song will be performed and used far more often than it has been in the past.
While there is no way to make a reliable estimate of the increase that will result, there can be no dispute that the increase will be substantial. An agreement to have a judge declare the song in the public domain is no doubt unusual and will likely command some attention by the judge on review. The judge in the case allowed the complaint to address claims going back to , but he "seemed skeptical" about certifying a class that large, Newman said.
These people are getting real money back. The most important part of the whole case was having the song in the public domain. You're going to see 'Happy Birthday' in movies, in TV, all over the place. It's a huge victory for artists and an important case in history. Now that Newman has pioneered the strategy of using a class-action lawsuit to attack a bogus copyright, it's unlikely to be the last time copyright reformers hear his name. He also advises clients on evaluating intellectual property assets and counsels on acquisitions, licensing and collaboration agreements.
Fein represents clients in courts throughout the U. Previously, Fein was in-house patent and trademark counsel at a Fortune chemical company and a patent examiner at the U.
Patent and Trademark Office. Fein earned his J. Understanding the Benefits of Copyright Registration. Why Register My Copyrights? The Benefits of Copyright Registration. In the News: Georgia. New Greek Copyright Law.
Stopping Infringement before It Happens. Copyright in Cyberspace: Read the Fine Print. The State of Women Inventors.
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