Is The Happy Birthday Song Under Copyright?

There’s an argument whether the Happy Birthday song is under copyright or free because it belongs to the public.

19:43 29 July 2015

A legal case was brought by Jennifer Nelson, a documentary maker, who was charged $1,500 to use the Happy Birthday song by the copyright holders, publisher Warner Chappel. She’s now asking the court to help her get her money back. Jennifer’s lawyers say they have found a children’s songbook from 1927 which contained the song in it and they say there’s no copyright notice. That was eight years before the date Warner Chappell say their copyrights starts from.

 

The judge handling the case will have to decide whether the song is under copyright or free because it belongs to the public. If the judge rule in favour of Jennifer, it could mean the start of using the song on TV, radio, and film without paying a huge bill.

 

The Happy Birthday song is thought to have been written by sisters Patty Smith Hill and Mildred Hill in 1893. Its original title was Good Morning To All and over time, the lyrics changed to the “Happy Birthday To You.” The lyrics appeared in a 1922 songbook and the piano parts were published in 1935.

 

The song’s copyright was held by Birch Tree Group Limited, which Warner Chappell bought in 1988.

 

Playing the song cost between $500-$3,000. Warner Chappel earns an estimated $2million a year from the royalties it collects.