Attorney's Fees Granted To Class Counsel In 'Happy Birthday' Action

Good Morning To You Prods. v. Warner/Chappell, No. 13-4460 (C.D. Cal. Aug. 16, 2016) [Doc. 360].

In the "Happy Birthday" class action case, the Court awarded class counsel attorney's fees of over $4.6 million under the Copyright Act.  Plaintiffs requested that the Court apply the percentage method, which courts often use to calculate fees in common-fund cases.  Applying the percentage method, courts typically calculate 25% of the fund as the "benchmark" for a reasonable fee award, providing adequate explanation in the record of any "special circumstances" justifying a departure..  Then, Courts use a rough calculation of the lodestar as a cross-check to assess the reasonableness of the percentage award.  Plaintiffs requested an upward departure from the 25% benchmark.  In considering this request, the Court considered all relevant circumstances, including: (1) the results obtained for the class, (2) effort expended by counsel, (3) counsel’s experience, (4) counsel’s skill, (5) the complexity of the issues, (6) the risks of non-payment assumed by counsel, and (7) the comparison of the benchmark with counsel’s lodestar.

"Happy Birthday" Is In The Public Domain, Declares Court

Good Morning To You v. Warner/Chappell Music, 13-cv-4460 (C.D. Cal. filed June 30, 2016).

In the "Happy Birthday" case, the Court entered a final order and judgment declaring that the song is in the public domain and otherwise approving the parties' class-action settlement. Per the parties' agreement, class counsel was awarded fees, and the named plaintiffs also received incentive fees.

Happy Birthday Case Settles Shortly After Plaintiffs Granted Leave To Expand Class Period Back To 1949

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.

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."

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.