Happy Birthday Was Under Copyright Until 2016

For decades, singing the world's most recognizable tune in a movie or on TV required a hefty payment. The melody for "Happy Birthday to You" actually began its life in 1893 as "Good Morning to All," a simple classroom greeting song composed by sisters and kindergarten teachers Mildred and Patty Hill. The familiar birthday-themed lyrics were added later, spreading organically through parties and gatherings in the early 20th century, with their exact origin remaining unclear.

The legal entanglement began in 1935 when the Summy Company published the song and registered a copyright, which was eventually acquired by music publishing giant Warner/Chappell. The company rigorously enforced its claim, collecting an estimated $2 million annually in licensing fees from films, television shows, and even chain restaurants that wanted to have their staff sing to customers. This is why many restaurants created their own unique, and often awkward, birthday jingles to avoid paying royalties for public performances.

This lucrative practice finally came to an end following a 2013 lawsuit brought by a filmmaker who was charged a fee to use the song in a documentary. In 2015, a federal judge ruled that the 1935 copyright held by Warner/Chappell was invalid because it only protected a specific piano arrangement of the song, not the fundamental melody or the lyrics. With no clear, single author or valid copyright claimant for the words themselves, the song was officially declared part of the public domain in 2016, at last making it free for everyone to sing.