Happy Birthday Is Public Domain

DJ October 9, 2015

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Entertainment –
TGIF: Happy Birthday Is Public Domain

Hallelujah! The song “Happy Birthday To You” is now officially in the public domain.

Entertainment
It is perhaps one of the most widely sung songs in history. However, Warner/Chappell Music has for years claimed to own the copyright to the birthday song, preventing anyone from singing it in public or on film or television. Now, a federal judge in California has ruled that the song belongs to all of us.

Judge George H. King ruled last week that Warner/Chappell’s copyright claim to the song is invalid, even though it purchased a successor to the company that owned the original copyright. King ruled that the original copyright filed by the Summy Co. in 1935 granted only rights to certain arrangements of the music, but not to the song itself. Or in other words, because the Summy Co. never acquired the rights to song’s lyrics, Warner/Chappell does not own a valid copyright.

“‘Happy Birthday’ is finally free after 80 years,” Randall Newman, lawyer for the plaintiffs, said following the ruling. “Finally the charade is over. It’s unbelievable.”

Angry executives at Warner/Chappell are exploring options to appeal, since they made about $2 million a year in royalties from the song. However, it is unlikely they will be unsuccessful.

“Happy Birthday To You” was written by Kentucky schoolteacher Patty Smith Hill and her sister Mildred Hill. The original lyrics were built around the phrase “good morning to you.” The ruling means the public may now use the song freely and royalties will not go to Warner/Chappell whenever the song is played.

So, in celebration of the freedom for anyone to use “Happy Birthday To You’ whenever they want, enjoy our use of the song below.