On 22nd September 2015, US Judge George King ruled that the original copyright to Happy Birthday was invalid and the song would now be entirely in the public domain.
The tune was originally composed 1893 by Mildred and Patty Hill, two sisters from Kentucky, and titled Good Morning To All. This subsequently evolved into the song that you, me, pretty much the whole world has been singing ever since.
The copyright was filed in 1935, and obtained by the Clayton F. Summy Co. from the sisters,; the company was succeeded by Birch Tree Group, which claimed the copyright.
In 1988, Warner/Chappell acquired the copyright for $15 million when it bought the Birch Tree Group, and had been collecting fees on the song since then. In 2015, revenue was estimated at $2 million a year (approx. £1.95 million today), from charging every time Happy Birthday was used in a film, television episode, advertisement or other public performance.
In 2013, documentary filmmaker Jennifer Nelson filed a putative class action suit against Warner/Chappell, in the name of her production company Good Morning To You Productions. Warner/Chappell had asked for $1,500 (roughly £1,520 in 2025) for the right to use Happy Birthday To You in a documentary that she was making about the song and its history.
A week later, a further suit Rupa Marya v. Warner Chappell Music Inc was filed by Rupa Marya and Robert Siegel, and subsequently the two suits were combined, arguing that Happy Birthday was in the public domain and should not be subject to copyright fees.
Ultimately, Judge King ruled that the original copyright was only granted for the melody, and the rights to piano arrangements based on the melody, not the song itself. In other words, the Clayton F. Summy Co. had never acquired copyright to the song's words.
At the time of the ruling, Happy Birthday remained in copyright in the European Union, but happily this expired on 1st January 2017 and is now fully in the public domain.
All of which seems a good excuse to wish this varied bunch a Happy Birthday, sharing a special day with the date of this landmark legal victory.
Toni Basil (82)
David Coverdale (74)
Richard Fairbrass (72)
Doug Wimbish (69)
Nick Cave (68)
Andrea Boccelli (67)
Joan Jett (67)
Billie Piper (43)