U.S.

"Happy Birthday" song in public domain, federal judge rules

/ CBS/AP

LOS ANGELES - A federal judge has ruled that the music publishing company that has been collecting royalties for the song "Happy Birthday To You" does not hold a valid copyright to the popular tune that is sung worldwide.

Lawyers argue "Happy Birthday" should be public domain

U.S. District Judge George H. King ruled Tuesday that the copyright originally filed by the Clayton F. Summy Co. in 1935 granted only the rights to specific arrangements of the tune and not the actual song itself.

In invalidating the copyright, King ruled that Summy never acquired the rights to the song's lyrics.

Warner/Chappell Music has been enforcing the copyright claim since it bought Summy's successor, the Birch Tree Group.

CBS News Correspondent Jim Axelrod reported last month that the song was producing at least $2 million in royalties each year.

First published on September 22, 2015 / 9:38 PM EDT

© 2015 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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