Happy Birthday to You has been performed around the world in tribute to everyone from toddlers to centenarians for nearly 120 years, but few people know that the ubiquitous song is owned by a private company.
Now, the most famous ditty in the English language has found itself in the middle of a legal battle after a film production company filed a lawsuit seeking to overturn the copyright protecting the song.
The proposed class action asks a federal court to declare the song to be in the public domain and that Warner/Chappel Music Inc, the music publishing arm of Warner Music Group, return millions of dollars of unlawful licensing fees it has collected for reproductions and public performances of the song.
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Whenever 'Happy Birthday to You' is being sung for profit, as in movies, television shows and concerts, the performers or producers are required to pay licensing fees, or face a copyright infringement lawsuit.
But few people know that under copyright law, singing the song in any public venue constitutes a performance, which is why most restaurants have their waiting staff sing alternative songs when celebrating patrons' birthday to avoid paying royalties.
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The song was first published in 1893 as Good Morning to All. The simple four-line ditty was written by Mildred and Patty Hill, two sisters from Louisville, Kentucky, and it was intended as a musical greeting performed in school by teachers.
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It remains a mystery when exactly the classroom tune transformed into a birthday song, and who was responsible for changing the Hills' lyrics. It is generally believed that the sisters were not the ones who altered the song.
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If the film production company's lawsuit fails, 'Happy Birthday to You' will remain under copyright protection until 2030.
