Lawsuit Would Make 'Happy Birthday' Song Public Domain

Lawsuit Would Make 'Happy Birthday' Song Public Domain

Unbeknownst to many, however, the rights to the song actually belong to Warner/Chappell Music Inc., the publishing arm of Warner Music Group, and the group maintains sole rights to the song’s reproduction, distribution, and public performances. A new lawsuit brought against the company seeks to change that and make the popular tune public domain.

Good Morning to You Productions Corp., a New York-based company that is making a documentary about the song, recently brought a lawsuit against Warner/Chappell Music, after being required to pay Warner/Chappell $1,500 for a license to use the song. Companies that fail to pay licensing fees and use the song without Warner/Chappell’s permission face penalties as high as $150,000. Reuters reports that the company has collected more than $2 million in licensing fees for use of the tune.

The 120-year-old song was originally entitled “Good Morning to All” by Mildred J. Hill and Patty Smith Hill. The initial lyrics read “Good morning to you / Good morning to you / Good morning dear children / Good morning to all,” but were eventually changed into the popular “Happy Birthday” tune known today.

While the exact details of the lawsuit have not been released, the plaintiff is suing for “millions of dollars of unlawful licensing fees”, the proceeds of which are to be distributed to thousands of individuals and companies that have been required to pay for the song, according to Reuters. The group said that the company cannot rightly hold the rights to the 1893 song under current entertainment law.

“More than 120 years after the melody to which the simple lyrics of ‘Happy Birthday to You’ is set was first published, defendant Warner/Chappell boldly, but wrongfully and unlawfully, insists that it owns the copyright to ‘Happy Birthday to You,'” the lawsuit said, Reuters reports.