Is the Happy Birthday Song Copyright Protected?

For years, the "Happy Birthday to You" song was one of the most recognized tunes worldwide, yet it came with an unexpected catch: it wasn't free to use for commercial purposes.

The Warner Music Group/Chappell Music, which claimed ownership of the song's lyrics, licensed it out for everything from restaurant celebrations to TV shows, generating millions in royalties.

However, this all changed with a landmark court ruling in 2016 that placed the song in the public domain, making it freely accessible to all.

A history of the song "Happy Birthday" and its copyright

The song's melody dates back to the late 19th century, when sisters Mildred and Patty Hill composed a tune called "Good Morning to All," meant for school children.

Over time, the birthday lyrics were adapted into the now-familiar "Happy Birthday to You," which grew popular across the United States and beyond.

The Clayton F. Summy Company copyrighted a piano arrangement of the song in 1935, which Warner/Chappell Music later acquired in 1988.

Believing it had rights to the song's lyrics, Warner/Chappell began charging royalties for its use in any public or commercial setting, earning an estimated $2 million per year.

The 2013 lawsuit: A turning point

In 2013, a lawsuit challenged Warner/Chappell's copyright claims.

Good Morning to You Productions Corp., a group working on a documentary about the song's history, questioned the validity of Warner's copyright, arguing that the company had no legitimate claim over the song's lyrics.

Following a lengthy court process, U.S. District Judge George H. King ruled in 2015 that Warner/Chappell didn't actually own the lyrics, as the company's 1935 copyright only covered the piano arrangement.

What the ruling means today

In early 2016, Warner/Chappell agreed to a $14 million settlement to resolve the lawsuit, conceding that the "Happy Birthday" song's lyrics were indeed in the public domain.

This ruling effectively ended the company's claim to control its licensing, making "Happy Birthday to You" free for all to use in public, personal, and commercial settings without any fees.

Impacts on media and culture

Since the ruling, the "Happy Birthday" song can be sung, recorded, and broadcast in any setting without legal or financial barriers, from movies to restaurants.

Media creators now have unrestricted access to the song, marking a significant change in copyright law policy and public access to culture.

Protect your copyright with Copyrightable by Trademarkia

With the "Happy Birthday" song now part of the public domain, this case underscores the importance of accurately securing copyright protection for your intellectual property assets.

Copyrightable by Trademarkia offers services to help creators, artists, and businesses file copyright applications effectively, safeguarding their creative work from unauthorized use.

By proactively securing copyright registration, creators can maintain control over their assets and ensure they're protected under current copyright laws.