Rupa Marya v. Warner Chappell Music Inc

Filing 288

MINUTES (IN CHAMBERS) re: Motion to Intervene (Dkt. 266) by Judge George H. King granting 266 MOTION to Intervene: Having considered all the relevant factors under both Rule 24(a) and (b), Applicants' Motion is hereby GRANTED. (see document for further details) (bm)

E-FILED
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-4460-GHK (MRWx)

Title

Good Morning to You Productions Corp., et al. v. Warner/Chappell Music, Inc., et al.

Presiding: The Honorable

Date

December 7, 2015

GEORGE H. KING, CHIEF U.S. DISTRICT JUDGE

Beatrice Herrera

N/A

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

(In Chambers) Order re: Motion to Intervene (Dkt. 266)

This matter is before us on the Association for Childhood Education International (“ACEI”) and
The Hill Foundation, Inc.’s (“Hill Foundation”) (collectively, “Applicants”) unopposed Motion to
Intervene (“Motion”). (Dkt. 266.) We have reviewed the Motion and deem this matter appropriate for
resolution without oral argument. L.R. 7-15. As the Parties are familiar with the facts, we will repeat
them only as necessary. Accordingly, we rule as follows:
Plaintiffs Rupa Marya, Robert Siegel, Good Morning to You Productions Corp., and Majar
Productions, LLC (collectively, “Plaintiffs”) filed this class action to declare invalid Defendants
Warner/Chappell Music, Inc. and Summy-Birchard, Inc.’s (collectively, “Defendants”) purported
copyright in the song Happy Birthday to You (“Happy Birthday”). (Dkt. 95, Fourth Amended
Consolidated Complaint (“FACC”).) Plaintiffs contend that because Defendants do not own a copyright
in the Happy Birthday lyrics, Defendants must return the “millions of dollars of unlawful licensing fees”
they have collected by wrongfully asserting copyright ownership in the Happy Birthday lyrics. (FACC
¶ 4.) On October 16, 2013, we bifurcated this case to first determine whether Plaintiffs were entitled to
a declaratory judgment invalidating Defendants’ purported claim of copyright in the lyrics. (Dkt. 71 at
4.) On November 25, 2014, the Parties filed Cross-Motions for Summary Judgment on the declaratory
judgment issue. (Dkt. 179.) And on September 22, 2015, we issued our Memorandum and Order Re:
Cross-Motions for Summary Judgment, in which we ultimately concluded that there was no transfer of
the rights in the lyrics to Defendants. (Dkt. 244 at 42, 43.)
On November 9, 2015, Applicants filed the instant Motion, seeking to intervene in this action “to
protect their interests in the copyrights to the ‘Happy Birthday to You’ lyrics.” (Mot. at 1.) “Applicants
have been accepting royalties from the Defendants for over twenty (20) years as the beneficiaries of
Patty and Jessica Hill’s estates pursuant to what they believed was a valid assignment from the Hill
Sisters to the Summy Co.” (Id.) Given our ruling that Defendants did not own the copyright to the
Happy Birthday lyrics, Applicants now believe that they were and are the true owners of lyrics. (See
id.) Applicants seek to intervene either as a matter of right or permissively under Federal Rule of Civil
Procedure 24(a) or (b), respectively. Plaintiffs have filed a statement of non-opposition in response to
the Motion, (Dkt. 275), and Defendants have taken no position on the Motion.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

E-FILED
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-4460-GHK (MRWx)

Date

December 7, 2015

Title

Good Morning to You Productions Corp., et al. v. Warner/Chappell Music, Inc., et al.

Having considered all the relevant factors under both Rule 24(a) and (b), Applicants’ Motion is
hereby GRANTED.
IT IS SO ORDERED.

-Initials of Deputy Clerk

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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Bea

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