Introduction
Happy Birthday to You, also known as the "Happy Birthday Song," is one of the most recognized and frequently sung songs in the world. However, did you know that the song was once under a copyright that restricted its use and performance?
In this article, we will discuss the history of the Happy Birthday Song patent, how it was acquired, and how it eventually became public domain.
The History of the Happy Birthday Song
The Happy Birthday Song was written in 1893 by Mildred Hill and her sister, Patty. Originally titled "Good Morning to All," the song was intended to be sung in kindergarten classrooms as a greeting song.
Over time, the song became popular for birthdays and was sung with the now-famous "Happy Birthday to You" lyrics.
The Acquisition of the Happy Birthday Song Patent
In 1935, the Happy Birthday Song was copyrighted by the Clayton F. Summy Company. The company acquired the rights from Jessica Hill, Mildred and Patty's sister, who had inherited the rights from her sisters.
The copyright granted exclusive rights to the song's melody and lyrics, allowing the Summy Company to collect royalties from anyone who performed or reproduced the song.
The Controversy Surrounding the Happy Birthday Song Patent
The Happy Birthday Song patent was the subject of controversy for decades. Many people believed that the song should be in the public domain since it was a popular and widely recognized song.
Others argued that the song's copyright was valid, and anyone who used the song without permission was infringing on the Summy Company's rights.
The Lawsuits
Over the years, the Happy Birthday Song patent was the subject of several lawsuits. In 2013, a documentary filmmaker named Jennifer Nelson filed a lawsuit against Warner/Chappell Music, the company that had acquired the rights to the song from the Summy Company.
Nelson argued that the Happy Birthday Song was in the public domain and that Warner/Chappell Music had no right to collect royalties from anyone who used the song.
The Settlement
In 2015, a federal judge ruled that the Happy Birthday Song was in the public domain and that Warner/Chappell Music had no right to collect royalties from anyone who used the song.
The ruling was a victory for Nelson and anyone who wished to use the Happy Birthday Song without fear of legal repercussions. The song was finally free for everyone to use and enjoy.
Conclusion
The Happy Birthday Song patent was a controversial issue for many years. However, with the 2015 ruling that the song was in the public domain, the song is now free for everyone to use and enjoy without fear of legal repercussions.
Happy Birthday to You, indeed!