Good Morning To You Productions v. Warner/Chappel, No. 13-4460 (C.D. Cal. Dec. 7 & 8, 2015).
In the "Happy Birthday To You" case, the Court granted Plaintiffs' motion to amend the complaint to expand the proposed class period back to 1949. Shortly thereafter, an announcement was made that a settlement had been reached.
Showing posts with label Warner/Chappell. Show all posts
Showing posts with label Warner/Chappell. Show all posts
December 10, 2015
October 24, 2013
Some Claims Time-Barred In "Happy Birthday" Suit
Good Morning To You Productions et al. v. Warner-Chappell Music, No. 2:13-cv-04460 (C.D. Cal. filed 10/16/13) [Doc. 71].
Plaintiffs seek a declaration, pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, that Defendants do not own the copyright to or possess the exclusive right to demand licensing fees for the use of Happy Birthday to You (the “Song”), and that the Song is in the public domain. In Claim Two, they seek relief based upon the entry of declaratory judgment,pursuant to 28 U.S.C. § 2202, including an injunction, restitution, and an accounting of Defendants’ monetary benefits obtained from Plaintiffs in connection with their claim of ownership of the Song.
Defendants moved to dismiss, and the Court granted the motion to the extent of dismissing those claims that fall outside the Copyright Act's 3-year statute of limitations (with leave to amend). "Because Plaintiffs’ declaratory judgment and relief claims are 'civil action[s] maintained under the provisions' of the Copyright Act, they are subject to § 507(b)’s three-year statute of limitations."
Plaintiffs seek a declaration, pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, that Defendants do not own the copyright to or possess the exclusive right to demand licensing fees for the use of Happy Birthday to You (the “Song”), and that the Song is in the public domain. In Claim Two, they seek relief based upon the entry of declaratory judgment,pursuant to 28 U.S.C. § 2202, including an injunction, restitution, and an accounting of Defendants’ monetary benefits obtained from Plaintiffs in connection with their claim of ownership of the Song.
Defendants moved to dismiss, and the Court granted the motion to the extent of dismissing those claims that fall outside the Copyright Act's 3-year statute of limitations (with leave to amend). "Because Plaintiffs’ declaratory judgment and relief claims are 'civil action[s] maintained under the provisions' of the Copyright Act, they are subject to § 507(b)’s three-year statute of limitations."
June 14, 2013
Happy Birthday Class Action
Good Morning To You Productions Corp. v. Warner/Chappell Music, Inc., No. 1:13-cv-4040 (S.D.N.Y. filed June 13, 2013).
Plaintiff brings a class action on behalf of licensees of the song "Happy Birthday to You" (from June 13, 2009-present), seeking a declaratory judgment that defendant does not have the right to collect licensing fees for use of the song, "Happy Birthday To You." Plaintiff claims that the song is in the public domain and dedicated to public use.
Plaintiff brings a class action on behalf of licensees of the song "Happy Birthday to You" (from June 13, 2009-present), seeking a declaratory judgment that defendant does not have the right to collect licensing fees for use of the song, "Happy Birthday To You." Plaintiff claims that the song is in the public domain and dedicated to public use.
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