The Suprising Legal History Of The Popular “Happy Birthday To You” Song
We all know it; the simple, universal song sung millions of times a day and by millions of people around the world. It’d however interest to know that for decades, “Happy Birthday to You” wasn’t just a tune, it was a profit udder illegally milked by a music group. The “Happy Birthday to You” song was originally “A classroom song” written in 1893 by two sisters, Mildred and Patty Hill, who happened to be kindergarten teachers from Kentucky and they originally composed it as a classroom greeting titled “Good Morning to All” with the lyrics going thus: “Good morning to you, Good morning to you, Good morning, dear children, Good morning to all.” Over time, children and teachers began swapping the words to say “Happy Birthday to You” and by the early 1900s, it had become the go-to birthday anthem we know today. The Copyright Controversy The whole issue started when Clayton F. Summy Co., the publisher of the Hill sisters’ songbook, claimed ownership of both the melody and later lyrics. Then after a series of acquisitions, Warner/Chappell Music ended up owning the rights enforced it aggressively for decades by ensuring that movie studios, TV shows, restaurants, and even ads had to pay to use the song. It is reported that the licensing fees reportedly amounted to over $2 million per year for Warner/Chappell. It is also reported to have been the reason why movies like Bend It Like Beckham or Miss Congeniality used awkward “birthday-ish” songs instead since they couldn’t afford the heavy illegal licensing fee. The Lawsuit That Changed Everything The turning point however started in 2013, when documentary filmmaker, Jennifer Nelson was charged $1,500 to use the Happy Birthday song in her film which happens to be a movie about the song’s history. It was at this point that the copyright claim for invalidity was raised. This unravelled the truth that Warner/Chappell only owned the specific piano arrangements, not the lyrics or melody itself, and that the lyrics had actually been published without a valid copyright notice long before Warner’s claim. Thus, in 2016, a U.S. federal judge ruled in Nelson’s favor, declaring that “Happy Birthday to You” belongs in the public domain and everyone could use freely without legal trouble. Warner/Chappell was also made to agree to a $14 million settlement to reimburse people who had paid licensing fees and this case went on to became a landmark for music copyright law by reiterating the idea that some art actually belongs to everyone. @Alaro Basit


