Over at Slate, Paul Collins has published an interesting analysis of the validity of Warner Music Group’s $2 million-dollar-a-year copyright claim to “Happy Birthday”:

“It is almost certainly no longer under copyright,” [George Washington University law professor Robert Brauneis] concludes in his study [link], “due to a lack of evidence about who wrote the words; defective copyright notice; and a failure to file a proper renewal application.”

So why do people keep paying up to perform a public domain song?

Insurers, for one: The insurance necessary on film financing often requires that litigation be avoided by paying all permissions fees. And even without that barrier, it’s simply cheaper to pay the bill than it is to fight Warner.

Nothing new here.  Monopolists can’t really be blamed for acting like monopolists.  What’s more interesting about  Collins’ article is the role increasingly comprehensive digital archives are playing into this research:

Google Books and Google News, though, practically burst with “Birthday” clues….It might just be a matter of time—plus the right bit of scanning in a database—before [proof that the copyright is invalid] turns up. And if it ever does, Warner Music may find their $40-million birthday cake left out in the rain.

Now there’s something that we could all celebrate…