“Happy Birthday to You” to be Freed of Copyright

September 24, 2015

You can now serenade your friends and family with a round of “Happy Birthday” without fear of repercussion. 

The song supposedly originated in 1893 with a melody written by by schoolteacher Patty Hill and her sister Mildred as “Good Morning to All,” a way for Hill’s young students to start out the school day. The song was copyrighted by Clayton Summy’s publishing company, The Summy Company, in 1935. The company was in turn bought by Warner/Chappell Music in 1988, giving them the rights to the ubiquitous song. 

It came down to a matter of lyrics, however, as U.S. District Judge George H. King ruled that the Summy Company never had the rights to the lyrics, only the music, thus negating the supposed copyright on “Happy Birthday to You,” and releasing those who would use it in films from the pricey copyright fee. Read the full decision, which Warner/Chappell are considering disputing, here.