A federal judge in Los Angeles ruled Tuesday that the famous song Happy Birthday to You is finally free from copyright after a long court battle.
George H. King ruled that the copyright — originally filed by Summy Co. in 1935, most recently bought by Warner/Chappell Music Inc. in 1988 — only applies to particular piano arrangements, and not the actual song.
"Because Summy Co. never acquired the rights to the Happy Birthday lyrics," the judge wrote, "defendants, as Summy Co.'s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics."
"Happy Birthday is finally free after 80 years," said Randall Newman, an attorney for the plaintiffs in the case. "Finally, the charade is over. It's unbelievable."
According to some estimates, Warner/Chappell brought in nearly $2 million dollars a year in royalties, which were collected from theatrical productions, movies, television shows — as well as greeting cards. Even restaurant owners who wished to sing Happy Birthday to patrons were technically required to pay licensing fees to use the song.
For years, filmmakers have avoided paying thousands of dollars in fees by coming up with their own creative renditions of the song. For example, Larry, Moe, and Curly sing an alternate version in the short film, An Ache in Every Stake.
It is believed that the song's origins stretch back to 1893, when two sisters — Patty Smith Hill and Mildred J. Hill — composed a song titled Good Morning to All for Patty's kindergarten students. Its original lyrics were: "Good morning to you, Good morning to you, Good morning dear children, Good morning to all."
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