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*** The Settlement was approved on June 30, 2016.  The order became final on Aug. 1, 2016.  Click here to see a copy of the Final Order and Judgment***

A proposed settlement has been reached in the class action captioned Good Morning to You ProductionsCorp., et al. v. Warner/Chappell Music, Inc.,et al., Lead Case No.CV 13-04460-GHK (MRWx) (C.D. Cal.) (the “Action”) on behalf of the following Settlement Class: 

 

(a) all Persons who, at any time since September 3, 1949, directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) for each such Person’s use of the musical work entitled Happy Birthday to You! with the lyrics, “Happy Birthday to you, Happy Birthday to you, Happy Birthday dear ______, Happy Birthday to you!” (referred to as “the Song.”);

(b) all Persons who, at any time since September 3, 1949, directly paid HFA, Alfred or Faber as agents for Defendants or their predecessors-in-interest for each such Person’s use of the Song; or

(c) the American Society of Composers, Authors and Publishers (ASCAP), foreign collecting societies (such as, for example, SACEM and GEMA), and any other Person who at any time since September 3, 1949 has issued blanket licenses covering the Song, but only for the amounts allocated to the Song by such Persons and directly paid to Defendants or their predecessors-in-interest (or either’s Affiliates) pursuant to such blanket licenses; or

(d) (i) digital rights aggregation services (such as, for example, Music Reports, Inc.), (ii) foreign sub-publishers (such as, for example, EMI Music Publishing Ltd.), and (iii) Persons not enumerated in sub-paragraph (b),(c), or items (i)-(ii) of this sub-paragraph (d) who directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) on behalf of other Persons for such other Persons’ use of the Song at any time since September 3, 1949, but only to the extent that the Persons listed in items (i)-(iii) of this sub-paragraph (d) directly paid Defendants, Intervenors, any of their predecessors-in-interest (or any of the Affiliates of any of the foregoing) amounts that were comprised of payments by or on behalf of other Persons for such other Persons’ use of the Song.

If you are a member of the Settlement Class, this website provides important information about the proposed settlement. Click here to submit a claim or to obtain a copy of the claim form.  You must submit a claim no later than May 27, 2016. Click here for detailed information on the background of the litigation and the proposed settlement and your rights as a Settlement Class member. 

Additional terms of the settlement are provided in the Settlement Agreement. Click here to review the Settlement Agreement.  Additional filings in this lawsuit can also be obtained through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cacd.uscourts.gov[ecf.cacd.uscourts.gov]

 *** On the claim form that was mailed on March 28, paragraph 5 contained an incorrect date. The claim form deadline is May 27, 2016. ***

 

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This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing

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