Court Ruling ‘Present’s ‘Happy Birthday’ Song as Public Domain

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MOOR graphic by SAMMIE CHEN

NADIA GOV
Staff Writer

According to the Guinness Book of World Records, “Happy Birthday to You” is the most popular song in the English language and, now, it will potentially be free of copyright. Previously, people like film director Jennifer Nelson were forced to pay fees if they wanted to feature “Happy Birthday” in movies because of the copyright held by Warner/Chappell Music. As of Sept. 22, after Nelson sued Warner, U.S. District Judge George H. King ruled Warner’s hold on the song to be invalid because Summy Co., the alleged owner of the song prior to Warner, never actually attained rights to the “Happy Birthday” lyrics, according to the LA Times.

“Happy Birthday to You” stems from the collaborative efforts of schoolteacher Patty Smith Hill and her sister, Mildred Hill, in the late 19th century. Though the Hill sisters gave rights to Clayton Summy’s publishing company, King’s opinion contends that the 1935 copyright registration made by Summy’s company was not clear about whether it included rights to the lyrics in addition to the piano arrangement as Warner has been asserting.

“I think [King] should just make ‘Happy Birthday’ a free song because I know a lot of people sing it regardless of the copyright,” senior Wesley Tran said.

Though the opinion on the case is not yet definitive, ruling in favor of the plaintiff would allow filmmakers to feature “Happy Birthday” in television shows and motion pictures without having to obtain permission from Warner, according to the LA Times. Furthermore, taking away Warner’s rights would cause the company to lose around $2 million in annual revenue, according to the Herald. Currently, King is deciding whether the copyright to the lyrics belongs to another party or the Hill sisters. The Herald states that if the rights belong to the song’s composers, the “Happy Birthday” lyrics would pass into the public domain 70 years after the last sister’s death in 1945, which would make the lyrics free beginning next year.