"Happy Birthday" Was Once Copyrighted

The familiar tune of "Happy Birthday to You" began its life over a century ago not as a birthday anthem, but as a simple classroom greeting. In 1893, Kentucky sisters Patty and Mildred J. Hill introduced "Good Morning to All" to Patty's kindergarten class. Mildred composed the melody, while Patty wrote the original lyrics: "Good morning to you / Good morning to you / Good morning, dear children / Good morning to all." This song was published in their book, "Song Stories for the Kindergarten."

As the turn of the century brought a rise in birthday celebrations, the melody of "Good Morning to All" began to be paired with the "Happy Birthday" lyrics. By 1935, the Summy Company, which had published the Hill sisters' original work, registered a copyright for an arrangement of "Happy Birthday to You." This copyright was later acquired by Warner/Chappell Music in 1988 for an estimated $25 million. Warner/Chappell aggressively asserted its ownership, claiming the U.S. copyright wouldn't expire until 2030 and demanding royalties for commercial uses of the song, such as in films, television shows, and public performances. It was estimated to generate about $2 million annually in licensing fees.

The extensive royalty collection eventually led to a legal challenge in 2013, initiated by a filmmaker who was charged $1,500 to use the song in a documentary. The lawsuit argued that the copyright only applied to specific piano arrangements and not to the lyrics and melody themselves. In September 2015, a federal judge ruled that Warner/Chappell's copyright claim was invalid, stating that the company did not own the rights to the lyrics. This landmark decision effectively placed the song in the public domain. Following the ruling, Warner/Chappell agreed to a $14 million settlement to reimburse those who had paid licensing fees, and the song was officially declared public domain in 2016.