Judge rules against company trying to copyright happy birthday song
Finally we’re free to sing happy birthday without looking over our shoulders, thanks to a landmark court case in the US. A judge has ruled against a company that has been collecting royalties for the song happy birthday for over 80 years, with the song now placed in the public domain.
The lawsuit, filed by a range of artists and filmmakers, was seeking the return of millions of dollars in royalties that have been acquired by Warner Music Group that claimed to own the royalties.
“Happy Birthday is finally free after 80 years,” Randall Newman, an attorney working for the artists, told the Los Angeles Times. “Finally, the charade is over. It’s unbelievable.”
The song happy birthday dates back to 1893 where it first appeared in a kindergarten songbook composed by Kentucky sisters Mildred and Patty Hill. The song was originally called “Good Morning to All” and performed with different lyrics. Patty claims to have composed the more familiar happy birthday lyrics and when Warner acquired the sister’s publisher they believed they had the rights.
While people who sung happy birthday at their home and private celebrations were generally safe, Warner was collecting as much as $2 million a year in royalties for the song from films and TV shows that featured the iconic tune. This made the song a prohibitive expense for some projects and Warner will now be expected to return a significant chunk of the money it claimed.
So next time you’re sitting around the kitchen table getting ready to blow out the candle say thanks that you’re not going to get a letter in the mail about that the song you’ve been singing!