Like us on Facebook
Follow us on Instagram
 

Warner/Chappell Music company charged $5,000 a day for public use of the song “Happy Birthday to You”

Tijana Radeska
Birthday candles. By No machine-readable author provided. Ed g2s assumed (based on copyright claims). - No machine-readable source provided. Own work assumed (based on copyright claims)., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=303792

“Happy Birthday to You” has to be the best-known song around the globe.

Although the song has been translated into at least 18 languages, the original version in English still remains the most recognizable tune of all time, confirmed by the Guinness Book of World Records in 1998. The famous melody actually originates from another song, called “Good Morning to All”, which was written by Patty and Mildred J. Hill. The American sisters wrote the song in 1893 as a children song. Mildred, who was a pianist and a composer, wrote the tune, while Patty, a principal of an experimental kindergarten, wrote the lyrics.

The public domain song Good-Morning to All

The public domain song Good-Morning to All

The song was honored at the Chicago World’s Fair in 1893, together with its creators. The song was easy to remember, so children had no problem learning it. The first combination of the melody with the lyrics of “Happy Birthday to You” was first published in 1912, but it was probably used earlier.

In the beginning, there were no copyrights over the song, and it was free to use. The Summy Company registered a copyright in 1935 when Preston Ware Orem and R.R. Forman were credited as authors of the tune. Warner/Chappell Music, a division of Warner Music Group, acquired Summy Company in 1998, becoming the owner of the rights over “Happy Birthday to You”. Warner paid $25 million for the company, and the value of the famous song was estimated to be around $5 million.

Candles spelling “Happy Birthday” Photo Credit 

Candles spelling “Happy Birthday” Photo Credit 

Warner stated that the copyright of the song will last until 2030, according to the 1935 registration. The company claimed that public performances of the song which are not authorized by them are illegal and that royalties should be paid to Warner.

Such was the case in February 2010 when a single performance of “Happy Birthday to You” was charged $700 in the form of royalties. This song became the highest-earning single in history. Since it was created, the song has earned about $50 million. In Europe, the expiry date of the song’s copyright was 31 December 2016.

Child with Snow White Cake, circa 1910–1940

Child with Snow White Cake, circa 1910–1940

The American law professor Robert Brauneis is the man responsible for the copyright removal. The professor did some extensive research on the song and came to the conclusion that the song is not bound by any copyright since 2010. Three years later, Good Morning to You Productions, a company which was making a documentary about the “Good Morning to All” song, sued Warner/Chappell for a false claim over the copyrights of the popular song.

Read another story from us: The history of celebrating birthdays and putting candles on cakes

In September 2014, the copyright claim of Warner/Chappell was overthrown as false by a federal judge. A conclusion was made that only a specific piano arrangement of “Happy Birthday to You” is a subject of copyright, but the lyrics and the melody are not. Warner/Chappell paid a $14 million fine in February 2016, and the song was finally made available jn the public domain.