No doubt you have all read the stern admonitions on movie DVDs you have rented which indicate that copyright infringement could bring down the wrath of the FBI and land you in the federal pen for years with along with the imposition of a huge fine. What you may not have realized is that the singing of "Happy Birthday to You" could have the same consequences.
The melody to "Happy Birthday to You" was composed in 1893 as "Good Morning to You" by Patty and Mildred Hill, two Kentucky spinster sisters, for use by Patty in teaching her kindergarten class. In 1934, the Summy Company obtained a copyright for the song with its current birthday lyrics, although these lyrics were probably used for more than twenty years previously. After various corporate shuffles throughout the years, the rights to the song are now owned by Warner Music Group, which is owned by Access Industries, which is a private company owned by billionaire Len Blavatnik. The copyright is not due to expire in the USA until 2030.
The only maggot in the broth, at least from Blavatnik's viewpoint, is a case currently pending (at least as of the date of this factoid--September 2, 2015) in federal court in Los Angeles alleging that the song is in fact in the public domain (for reasons too boring to enumerate here) and that the rights are not owned now by anybody. If Blavatnik's companies lose the decision, he will no longer receive about $2 million a year in royalties, and the Hill Foundation (founded by the Hill sisters and now controlled by the non-for-profit Association for Childhood Education International) will lose a 50% share of the royalties which Blavatnik has been donating to it.
"Happy Birthday to You" is the most widely recognized song in the English language for everyone from pre-schoolers to Presidents. Will you get in trouble for singing it to your sister at home on her birthday? Probably not (although relying on legal advice on anything from anyone on the internet, including me, is the height of stupidity). If, on the other hand, you want to make a feature film which contains a rendition of "Happy Birthday to You," you would have to pay up to $10,000 to the Warner Music Group for the privilege of doing so.
9/23/2015 UPDATE--The federal court in Los Angeles determined on September 22, 2015 that "Happy Birthday To You" is in the public domain and that the copyright is invalid. You are now free to use the song under any circumstances (unless, of course, the decision is reversed on appeal). A copy of the opinion of the court is here.
9/23/2015 UPDATE--The federal court in Los Angeles determined on September 22, 2015 that "Happy Birthday To You" is in the public domain and that the copyright is invalid. You are now free to use the song under any circumstances (unless, of course, the decision is reversed on appeal). A copy of the opinion of the court is here.
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