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Happy Birthday Was Under Copyright Until 2016

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Happy Birthday Was Under Copyright Until 2016 illustration
Happy Birthday Was Under Copyright Until 2016

For many years, singing "Happy Birthday to You" in a public setting, such as in a movie or television show, required the payment of licensing fees. This is because Warner/Chappell Music claimed ownership of the song's copyright and collected an estimated $2 million in royalties annually for its use. The melody of the famous birthday tune dates back to a song called "Good Morning to All," written in 1893 by sisters Mildred and Patty Hill for kindergarten students. Over time, the lyrics evolved into the familiar birthday wish, and the song became a global phenomenon.

The legal claim to the song's copyright was based on a 1935 registration. However, in 2013, a documentary filmmaker challenged this copyright after being asked to pay a $1,500 licensing fee to use the song. This lawsuit led to a 2015 federal court ruling that declared the copyright claim by Warner/Chappell invalid. The judge determined that the original copyright from 1935 only covered a specific piano arrangement of the melody, not the lyrics themselves.

Following the ruling, the song "Happy Birthday to You" officially entered the public domain in 2016. As part of a settlement, Warner/Chappell agreed to pay back $14 million in licensing fees it had collected over the years. This decision means the song is now free for everyone to use and perform publicly without the need for permission or payment, ensuring its place in birthday celebrations for generations to come.