SAN FRANCISCO — When U.S. Supreme Court Justice Stephen Breyer dissented from a 2003 ruling upholding a 20-year extension to U.S. copyrights, he held out “Happy Birthday to You” as a prime example of copyright overreach. The “Happy Birthday” copyright issued in 1935 was “still in effect and currently owned by a subsidiary of AOL Time Warner,” marveled Breyer in Eldred v. Ashcroft.

That’s no longer the case.

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