Happy Birthday to You
Most recognized English song, public domain after copyright dispute.
"Happy Birthday to You," often shortened to "Happy Birthday," is an American song used to mark someone's birthday. The 1998 Guinness World Records lists it as the most widely known song in English, with "For He's a Jolly Good Fellow" in second place. Its lyrics have been translated into at least 18 languages. The tune comes from "Good Morning to All," a song credited to sisters Patty and Mildred J. Hill in 1893, though some question whether they actually wrote it.
In the United States and the European Union, the song is now in the public domain. For years, Warner Chappell Music claimed a US copyright and charged licensing fees for its use. That claim was thrown out in 2015, and the following year, Warner Chappell agreed to repay $14 million in fees.
Patty Hill, a kindergarten principal in Louisville, Kentucky, worked on teaching methods at the Little Loomhouse, while her sister Mildred was a pianist and composer. They created "Good Morning to All" as an easy song for young children. The first printed version of "Happy Birthday to You" with its melody appeared in 1911, but none of the early printings included credits or copyright notices. In 1935, the Summy Company registered a copyright, listing Patty and Mildred Hill as authors. Warner/Chappell bought the company holding that copyright in 1988 for $25 million, with the song itself valued at $5 million. Warner argued the US copyright would last until 2030 and that any public performance without payment was illegal. In February 2010, a single use cost $700 in royalties. By some estimates, it's the highest-earning single song ever. The European Union copyright expired on January 1, 2017.
The song's US copyright status gained attention after the 1998 Copyright Term Extension Act. The Supreme Court upheld that act in 2003's Eldred v. Ashcroft, with Justice Stephen Breyer citing "Happy Birthday to You" in his dissent. Law professor Robert Brauneis studied the song and concluded in 2010 that it was "almost certainly no longer under copyright." In 2013, Good Morning to You Productions sued Warner/Chappell for falsely claiming copyright. A federal judge ruled in September 2015 that Warner's claim was invalid, saying the copyright only covered a specific piano arrangement, not the lyrics and melody. In 2016, Warner settled for $14 million, and the court declared the song public domain.
Quick Facts
- Published
- 1893
- Writer
- Patty S. Hill / Mildred J. Hill
Facts from the source article.
Lore & Background
Patty Hill was a kindergarten principal in Louisville, Kentucky, developing teaching methods at the Little Loomhouse; her sister Mildred was a pianist and composer. The sisters used "Good Morning to All" as a song that young children would find easy to sing. The combination of melody and lyrics in "Happy Birthday to You" first appeared in print in 1911. None of the early appearances of the lyrics included credits or copyright notices. The Summy Company registered a copyright in 1935, crediting authors Patty and Mildred Hill. In 1988, Warner/Chappell Music purchased the company owning the copyright for US$25 million, with the value of "Happy Birthday" estimated at US$5 million. Warner claimed that the United States copyright would not expire until 2030.
Reader's Guide
The significance of "Happy Birthday to You" lies in its universal recognition and the landmark legal battle over its copyright. The song's melody originated from "Good Morning to All," published in 1893 by sisters Patty and Mildred J. Hill, though the attribution is disputed. For decades, Warner/Chappell Music claimed copyright and collected licensing fees, asserting the copyright would last until 2030. However, American law professor Robert Brauneis concluded in 2010 that the song "is almost certainly no longer under copyright." In 2015, a federal judge declared the Warner/Chappell copyright claim invalid, ruling that the registration applied only to a specific piano arrangement, not the lyrics and melody. In 2016, Warner/Chappell settled for $14 million, and the court declared the song in the public domain. This case highlighted issues of copyright overreach and the public domain, affecting filmmakers, restaurants, and others who had paid royalties. The song remains a cultural staple, sung at birthday celebrations worldwide, with traditional variations including "Hip hip hooray!" in Commonwealth countries and age-counting chants in parts of America and Canada.
Did You Know?
- According to the 1998 Guinness World Records, it is the most recognized song in the English language.
- The melody comes from the song "Good Morning to All," attributed to sisters Patty and Mildred J. Hill in 1893, though the claim is disputed.
- Warner/Chappell Music purchased the copyright-owning company in 1988 for US$25 million and collected about US$2 million per year in royalties.
- In 2016, Warner/Chappell agreed to pay back $14 million in licensing fees after a federal judge declared the copyright claim invalid.
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