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{{short description|American birthday song}}
{{About|the song|the book|Happy Birthday to You!{{!}}''Happy Birthday to You!''}}
{{Redirect|Happy Birthday (song)|other songs by that name|Happy Birthday (disambiguation)#Songs{{!}}Happy Birthday}}
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{{Use mdy dates|date=June 2025}}
{{Infobox song
| name = Happy Birthday to You
| cover = [[File:Birthday candles.jpg|frameless|upright=1.22]]
| alt =
| caption = Candles spelling "happy birthday", one of many types of birthday cake decorations that accompany this song
| type =
| written =
| published = 1893
| writer = [[Patty Hill]]<br />[[Mildred J. Hill]] (disputed)
| composer =
| lyricist =
}}
[[File:Happy birthday to you (Zum Geburtstag viel Glück).mid|thumb|"Happy Birthday to You" song melody]]
"'''Happy Birthday to You'''", or simply "'''Happy Birthday'''", is an American song traditionally sung to celebrate a person's birthday. According to the 1998 ''[[Guinness World Records]]'', it is the most recognized song in the English language, followed by "[[For He's a Jolly Good Fellow]]". The song's base lyrics have been translated into at least 18 languages.<ref>{{harvp|Brauneis|2010|p=17}}.</ref> The melody of "Happy Birthday to You" comes from the song "'''Good Morning to All'''",<ref>{{cite book |first1= Mildred J. (music) |last1= Hill |first2= Patty S. (lyrics) |last2= Hill |others= Illustrations by Margaret Byers; With an introduction by Anna E. Bryan |year= 1896 |chapter-url= https://books.google.com/books?id=Sq4aAAAAYAAJ&pg=PA3 |chapter= Good Morning to All |title= Song Stories for the Kindergarten |edition= New, Revised, Illustrated and Enlarged |page= 3 |publisher= Clayton F. Summy Co. |___location= Chicago}}</ref> which has traditionally been attributed to American sisters [[Patty Hill|Patty]] and [[Mildred J. Hill]] in 1893,<ref name=slate>{{cite news |author-link=Paul Collins (American writer) |first=Paul |last=Collins |title=You Say It's Your Birthday. Does the Infamous 'Happy Birthday to You' Copyright Hold up to Scrutiny? |url=http://www.slate.com/id/2298271/ |newspaper=[[Slate magazine|Slate]] |date=July 21, 2011 |access-date=August 9, 2011 |archive-date=August 9, 2011 |archive-url=https://web.archive.org/web/20110809042134/http://www.slate.com/id/2298271/ |url-status=live }}</ref><ref>Originally published in {{cite book |title= Song Stories for the Kindergarten |___location= Chicago |publisher= Clayton F. Summy Co. |year= 1896}} as cited by {{cite book |last= Snyder |first= Agnes |title= Dauntless Women in Childhood Education, 1856–1931 |year= 1972 |___location= Washington, D.C. |publisher= Association for Childhood Education International |page= 244}}</ref> although the claim that the sisters composed the tune is disputed.<ref name=Masnick>{{cite news |last= Masnick |first= Mike |url= http://www.techdirt.com/articles/20130613/11165823451/filmmaker-finally-aims-to-get-court-to-admit-that-happy-birthday-is-public-___domain.shtml |title= Lawsuit Filed to Prove Happy Birthday Is in The Public Domain; Demands Warner Pay Back Millions of License Fees |work= Techdirt |date= June 13, 2013 |access-date= October 14, 2013 |archive-date= October 14, 2013 |archive-url= https://web.archive.org/web/20131014225444/http://www.techdirt.com/articles/20130613/11165823451/filmmaker-finally-aims-to-get-court-to-admit-that-happy-birthday-is-public-___domain.shtml |url-status= live }}</ref>
The song is in the [[public ___domain]] in the United States and the European Union. [[Warner Chappell Music]] had previously claimed [[copyright]] on the song in the US and collected licensing fees for its use; in 2015, the copyright claim was declared invalid and Warner Chappell agreed to pay back $14 million in licensing fees.
==History==
Patty Hill was a kindergarten principal in [[Louisville, Kentucky]], developing teaching methods at the [[Little Loomhouse]];<ref>{{cite web |last= Clifft |first= Candice |year= 2007 |url= http://www.ket.org/cgi-bin/fw_louisvillelife.exe/db/ket/dmps/Programs?do=topic&topicid=LOUL030013&id=LOUL |archive-url= https://web.archive.org/web/20090802165409/http://www.ket.org/cgi-bin/fw_louisvillelife.exe/db/ket/dmps/Programs?do=topic&topicid=LOUL030013&id=LOUL |url-status= dead |archive-date= August 2, 2009 |publisher= Kentucky Educational Television |work= Louisville Life Program |title= Little Loomhouse }}</ref> her sister Mildred was a pianist and composer.<ref>{{harvp|Brauneis|2010|p=7}}.</ref> The sisters used "Good Morning to All" as a song that young children would find easy to sing.<ref>{{harvp|Brauneis|2010|p=14}}.</ref> The combination of melody and lyrics in "Happy Birthday to You" first appeared in print in 1912.<ref>{{harvp|Brauneis|2010|pp=31–32}}.</ref> None of the early appearances of the "Happy Birthday to You" lyrics included credits or copyright notices. The Summy Company registered a copyright in 1935, crediting authors [[Preston Ware Orem]] and Mrs. R. R. Forman.<!--ref provided in text body--> In 1988, [[Warner/Chappell Music]] purchased the company owning the copyright for {{USD}}25 million, with the value of "Happy Birthday" estimated at {{USD}}5 million.<ref name=ages/><ref name="New York Times">{{cite news|url=https://www.nytimes.com/1989/12/26/arts/happy-birthday-and-the-money-it-makes.html|title='Happy Birthday' and the Money It Makes|date=December 26, 1989|work=The New York Times|access-date=March 7, 2013|archive-date=December 20, 2017|archive-url=https://web.archive.org/web/20171220230011/http://www.nytimes.com/1989/12/26/arts/happy-birthday-and-the-money-it-makes.html|url-status=live}}</ref> Warner claimed that the United States copyright would not expire until 2030 and that unauthorized public performances of the song were illegal unless royalties were paid. In February 2010, the royalty for a single use was {{USD}}700.<ref name="Wendy_Williams">{{cite web |author-link= Wendy Williams (media personality) |first= Wendy |last= Williams |title=Transcript |work= The Wendy Williams Show |url= http://www.livedash.com/transcript/the_wendy_williams_show/7650/BETP/Friday_February_5_2010/186147/#943921726 |archive-url= https://web.archive.org/web/20111009170834/http://www.livedash.com/transcript/the_wendy_williams_show/7650/BETP/Friday_February_5_2010/186147/#943921726 |archive-date= October 9, 2011 |date=February 5, 2010 |access-date=September 17, 2014}}</ref> By one estimate, the song is the highest-earning single song in history.<ref>{{cite news |url= https://www.telegraph.co.uk/culture/tvandradio/tv-and-radio-reviews/9769510/The-Richest-Songs-in-the-World-BBC-Four-review.html |title= The Richest Songs in the World, BBC Four, Review |first= Isabel |last= Mohan |date= December 29, 2012 |work= The Telegraph |___location= London |access-date= September 23, 2015 |archive-date= September 23, 2015 |archive-url= https://web.archive.org/web/20150923153743/http://www.telegraph.co.uk/culture/tvandradio/tv-and-radio-reviews/9769510/The-Richest-Songs-in-the-World-BBC-Four-review.html |url-status= live }}</ref> In the European Union, the copyright for the song expired on January 1, 2017.<ref>EU countries observe the "life + 70" copyright standard.</ref>
The American copyright status of "Happy Birthday to You" began to draw more attention with the passage of the [[Copyright Term Extension Act]] in 1998. The Supreme Court upheld the Act in ''[[Eldred v. Ashcroft]]'' in 2003, and Associate Justice [[Stephen Breyer]] specifically mentioned "Happy Birthday to You" in his dissenting opinion.<ref>[https://archive.today/20120709140932/http://laws.findlaw.com/us/537/186.html 537 US 186], Justice Breyer, dissenting, II, C.</ref> American law professor [[Robert Brauneis]] extensively researched the song and concluded in 2010 "it is almost certainly no longer under copyright."<ref name= brauneis >{{harvp|Brauneis|2010}}.</ref> Good Morning to You Productions sued Warner/Chappell for falsely claiming copyright to the song in 2013.<ref name=Masnick/><ref name="ages">{{cite news |first=Benjamin |last=Weiser |title=Birthday Song's Copyright Leads to a Lawsuit for the Ages |url=https://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-strip-happy-birthday-to-you-of-its-copyright.html |newspaper=The New York Times |date=June 13, 2013 |access-date=June 14, 2013 |archive-date=June 14, 2013 |archive-url=https://web.archive.org/web/20130614184055/http://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-strip-happy-birthday-to-you-of-its-copyright.html |url-status=live }}</ref> In September 2015, a federal judge declared that the Warner/Chappell copyright claim was invalid, ruling that the copyright registration applied only to a specific piano arrangement of the song and not to its lyrics and melody. In 2016, Warner/Chappell settled for $14 million, and the court declared that "Happy Birthday to You" was in the public ___domain.<ref>{{cite magazine | url=https://www.rollingstone.com/music/news/warner-music-settles-happy-birthday-lawsuit-for-14-million-20160209 | title=Warner Music Settles 'Happy Birthday' Lawsuit for $14 Million | magazine=Rolling Stone | date=February 9, 2016 | access-date=May 3, 2016 | author=Blistein, Jon | archive-date=August 5, 2017 | archive-url=https://web.archive.org/web/20170805014815/http://www.rollingstone.com/music/news/warner-music-settles-happy-birthday-lawsuit-for-14-million-20160209 | url-status=live }}</ref><ref name="settlement2016">{{cite court |litigants=Good Morning to You Productions v. Warner/Chappell Music, Inc. |court=U.S. District Court for the Central District of California |date=2016 |url=https://assets.documentcloud.org/documents/2938811/76d56dc1-4b7b-4d07-b6ab-351f79b4a8ca.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://assets.documentcloud.org/documents/2938811/76d56dc1-4b7b-4d07-b6ab-351f79b4a8ca.pdf |url-status=live }}</ref>
==Lyrics==
=== "Happy
The person whose birthday is being celebrated is filled in for "[NAME]".<ref name="US District Court CA" />
{{poemquote|
Happy birthday to you
Happy birthday to you
Happy birthday, dear [NAME]<!--This is the text given in the court case ruling on the copyright. Do not alter to give a person's name.-->
Happy birthday to you.
}}
Since the syllable lengths and [[scansion]] of people's names may vary, the measure that includes the [NAME] invocation is traditionally notated with a [[fermata]] to adapt the meter.
===Lyrics with melody===
<score sound="1">\relative c' { \set Staff.midiInstrument = #"clarinet" \key g \major \time 3/4 \partial 4 d8. d16 | e4 d g | fis2 d8. d16 | e4 d a' | g2 d8. d16 | d'4 b g | fis( e\fermata) c'8. c16 | b4 g a | g2 \bar "|." } \addlyrics { Hap -- py birth -- day to you, Hap -- py birth -- day to you, Hap -- py birth -- day dear [NAME], __ Hap -- py birth -- day to you. }</score>
===Traditional variations===
Among English-speakers, it is traditional at a [[Party#Birthday party|birthday party]] for the guests celebrating the birthday to sing the song "Happy Birthday to You" to the birthday person, often when presenting a [[birthday cake]]. After the song is sung, party guests sometimes add wishes like "and many more!" expressing the hope that the birthday person will enjoy a long life. In the United Kingdom, Ireland, Australia, New Zealand, South Africa, and most of the [[Commonwealth of Nations|Commonwealth]], immediately after "Happy Birthday" has been sung, it is traditional for one of the guests to lead with "[[Hip hip hooray|Hip hip ...]]" and then for all of the other guests to join in and say "... hooray!".<ref>{{cite web|url=https://www.news.com.au/lifestyle/real-life/news-life/aussie-birthday-ritual-shocks-americans-living-down-under/news-story/731e220dc996e06114622625120ec75e|title=Aussie birthday ritual shocks Americans living Down Under|publisher=News Corp Australia|last=Khalil|first=Shireen|date=June 3, 2021|access-date=February 23, 2023|archive-date=August 23, 2021|archive-url=https://web.archive.org/web/20210823214201/https://www.news.com.au/lifestyle/real-life/news-life/aussie-birthday-ritual-shocks-americans-living-down-under/news-story/731e220dc996e06114622625120ec75e|url-status=live}}</ref> This cheer is normally given three times.
In regions of America and Canada, especially at young children's birthdays, immediately after "Happy Birthday" has been sung, it is not uncommon for the singers to segue into "How old are you now? How old are you now? How old are you now, how old are you now?"<ref>{{Cite web |title=There are lyrics to 'Happy Birthday' that you literally never knew about |url=https://www.classicfm.com/music-news/extra-happy-birthday-lyrics/ |access-date=March 30, 2023 |website=Classic FM |language=en |archive-date=March 30, 2023 |archive-url=https://web.archive.org/web/20230330225954/https://www.classicfm.com/music-news/extra-happy-birthday-lyrics/ |url-status=live }}</ref> and then count up: "Are you one? Are you two? Are you ..." until they reach the right age or often, instead of counting, "and many more!" for those who are older.<ref>{{Cite book |last=Lunden |first=Joan |url=https://books.google.com/books?id=FJTPDwAAQBAJ&dq=%2522Are+you+one%2522%253F+%2522Are+you+two%2522+%2522happy+birthday%2522&pg=PT12 |title=Why Did I Come into This Room?: A Candid Conversation about Aging |date=March 10, 2020 |publisher=Simon and Schuster |isbn=978-1-948677-29-5 |page=25 |language=en |access-date=March 11, 2022 |archive-date=November 29, 2023 |archive-url=https://web.archive.org/web/20231129060827/https://books.google.com/books?id=FJTPDwAAQBAJ&dq=%2522Are+you+one%2522%253F+%2522Are+you+two%2522+%2522happy+birthday%2522&pg=PT12#v=onepage&q&f=false |url-status=live }}</ref><ref>{{Cite book |last=Kimelman |first=Michael |url=https://books.google.com/books?id=GWSCDwAAQBAJ&dq=%2522Are+you+one%2522%253F+%2522Are+you+two%2522+%2522happy+birthday%2522&pg=PT220 |title=Confessions of a Wall Street Insider: A Cautionary Tale of Rats, Feds, and Banksters |date=March 28, 2017 |publisher=Simon and Schuster |isbn=978-1-5107-1338-3 |language=en |quote=After an off-key "Happy Birthday" (and the annoying modern-Greenwich additional verses "Are you one? Are you two?") |access-date=March 11, 2022 |archive-date=November 29, 2023 |archive-url=https://web.archive.org/web/20231129060825/https://books.google.com/books?id=GWSCDwAAQBAJ&dq=%2522Are+you+one%2522%253F+%2522Are+you+two%2522+%2522happy+birthday%2522&pg=PT220#v=onepage&q&f=false |url-status=live }}</ref>
== Copyright status ==
[[File:GoodMorningToAll.svg|thumb|The public ___domain song "Good-Morning to All"]]
[[File:Good Morning to All.ogg|thumb|Instrumental version of "Good Morning to All"]]
[[File:Beginners Book Of Songs.pdf|thumb|Music and lyrics of the song "Good Morning to All", with third verse "Happy Birthday to You", printed in 1912 in ''Beginners book of Songs with instructions'']]
[[File:Golden Book Of Favorite Songs.pdf|thumb|Music and lyrics of the song "Good Morning to All", with third verse "Happy Birthday to You", printed in 1915 in ''Golden Book of Favorite Songs'']]
The music and lyrics are in the public ___domain in the European Union and the United States. The copyright expired in the European Union on January 1, 2017.<ref name="mc2017"/> A U.S. federal court ruled in 2016 that Warner and Chappell's copyright claim was invalid and there was no other claim to copyright.<ref name="settlement2016" />
"Happy Birthday to You" dates from the late 19th century, when sisters [[Patty Hill|Patty]] and [[Mildred J. Hill]] introduced the song "Good Morning to All" to Patty's kindergarten class in [[Kentucky]].<ref name=ages/> They published the tune in their 1893 songbook ''Song Stories for the Kindergarten'' with Chicago publisher Clayton F. Summy. [[Kembrew McLeod]] stated that the Hill sisters likely copied the tune and lyrical idea from other popular and similar nineteenth-century songs, including [[Horace Waters]]' "Happy Greetings to All" from 1858, "Good Night to You All", also from 1858, "A Happy New Year to All" from 1875, and "A Happy Greeting to All", published 1885. However, U.S. law professor Robert Brauneis disputes this, noting that these earlier songs had quite different melodies.<ref>{{harvp|Brauneis|2010|pp=12–14}}.</ref>
The complete text of "Happy Birthday to You" first appeared in print as the final four lines of Edith Goodyear Alger's poem "Roy's Birthday", published in ''A Primer of Work and Play'', copyrighted by [[D. C. Heath and Company|D. C. Heath]] in 1901, with no reference to the words being sung.<ref>Feaster, Patrick (June 20, 2014), [https://griffonagedotcom.wordpress.com/2014/06/20/edith-goodyear-alger-lyricist-of-happy-birthday-to-you/ "Edith Goodyear Alger: Lyricist of 'Happy Birthday to You'?"] {{Webarchive|url=https://web.archive.org/web/20160304212459/https://griffonagedotcom.wordpress.com/2014/06/20/edith-goodyear-alger-lyricist-of-happy-birthday-to-you/ |date=March 4, 2016 }} ''Griffonage-Dot-Com.''</ref> The first book including "Happy Birthday" lyrics set to the tune of "Good Morning to All" that bears a date of publication is ''The Elementary Worker and His Work'', from 1911, but earlier references exist to a song called "Happy Birthday to You", including an article from 1901 in the ''Inland Educator and Indiana School Journal''.<ref>{{harvp|US District Court CA|2015|pp=3}}.</ref> In 1924, Robert Coleman included "Good Morning to All" in a songbook with the birthday lyrics as a second verse. Coleman also published "Happy Birthday" in ''The American Hymnal'' in 1933. ''Children's Praise and Worship'' published the song in 1928, edited by Byers, Byrum, and Koglin.{{Citation needed|date=January 2022}}
The Summy Company, publisher of "Good Morning to All", copyrighted piano arrangements by [[Preston Ware Orem]] and a second verse by Mrs. R. R. Forman.<ref name="Romeo2009">{{cite book |first= Dave |last= Romeo |title= Striving for Significance: Life Lessons Learned While Fishing |url= https://books.google.com/books?id=RQl1d2lZ0igC&pg=PA93 |access-date= June 14, 2013 |year= 2009 |publisher= iUniverse |isbn= 978-1-4401-2213-2 |page= 93 |via= [[Google Books]] |archive-date= November 29, 2023 |archive-url= https://web.archive.org/web/20231129060719/https://books.google.com/books?id=RQl1d2lZ0igC&pg=PA93 |url-status= live }}</ref><ref name="Russell2004">{{cite book |first= Carrie |last= Russell |title= Complete Copyright: An Everyday Guide for Librarians |url= https://books.google.com/books?id=qU2fAAAAMAAJ |access-date= June 14, 2013 |date= 2004 |publisher= American Library Association |page= 15 |isbn= 9780838935439 |via= Google Books |archive-date= November 29, 2023 |archive-url= https://web.archive.org/web/20231129060826/https://books.google.com/books?id=qU2fAAAAMAAJ |url-status= live }}</ref> This served as the legal basis for the claim that Summy Company legally registered the copyright for the song, as well as the later renewal of these copyrights.<ref>{{harvp|Brauneis|2010|p=25}}</ref>
Summy Company became the Summy–Birchard Company in 1957, and this became a division of Birch Tree Group Limited in 1970. Warner/Chappell Music acquired Birch Tree Group Limited in 1988 for {{US$}}25 million.<ref name=ages/><ref name="New York Times" /> The company continued to insist that one could not sing the "Happy Birthday to You" lyrics for profit without paying royalties; in 2008, Warner collected about {{US$}}5,000 per day ({{US$}}2 million per year) in royalties for the song.<ref>{{harvp|Brauneis|2010|pp=4, 68}}.</ref> Warner/Chappell claimed copyright for every use in film, television, radio, and anywhere open to the public, and for any group where a substantial number of those in attendance were not family or friends of the performer. Brauneis cited problems with the song's authorship and the notice and renewal of the copyright, and concluded: "It is almost certainly no longer under copyright."<ref name=slate /><ref name="brauneis" />
In the European Union, copyright lasts for the life of the author plus 70 years. Patty Hill died in 1946 as the last surviving author, so the copyright expired in these countries on January 1, 2017.<ref name="mc2017">{{cite web|last1=Balme|first1=Charlie|title=US Happy Birthday copyright case settles after protracted legal battle|url=https://www.marks-clerk.com/Home/Knowledge-News/Articles/Happy-Birthday-copyright-settled.aspx#.WHF6tZI0oTE|website=Marks & Clerk|access-date=January 7, 2017|date=December 22, 2015|archive-date=January 8, 2017|archive-url=https://web.archive.org/web/20170108094402/https://www.marks-clerk.com/Home/Knowledge-News/Articles/Happy-Birthday-copyright-settled.aspx#.WHF6tZI0oTE|url-status=dead}}</ref>
=== 2013 lawsuit ===
On June 13, 2013, documentary filmmaker [[Jennifer Nelson (filmmaker)|Jennifer Nelson]] filed a putative [[Class action|class action suit]] in federal court for the [[United States District Court for the Southern District of New York|Southern District of New York]] against Warner/Chappell in the name of her production company Good Morning to You Productions.<ref name=Masnick/> She had paid {{US$}}1,500 to secure the rights as part of a documentary that she was making about the song and its history. Her complaint relied heavily on Brauneis's research, and sought the return of her money and all royalties collected by the company from other filmmakers since 2009.<ref name="ages" /><ref>{{cite web |url= https://www.scribd.com/doc/147645129/Happybirthday |title= Class Action Complaint: Good Morning to You Productions v. Warner/Chappell Music |via= Scribd.com |date= June 13, 2013 |access-date= September 9, 2017 |archive-date= April 30, 2019 |archive-url= https://web.archive.org/web/20190430112110/https://www.scribd.com/doc/147645129/happybirthday |url-status= live }}</ref> A week later, ''[[Rupa Marya]] v. Warner Chappell Music Inc'' was filed in the Central District of California.<ref name=Dkt>{{cite web|url=https://archive.org/details/gov.uscourts.cacd.564772|title=Case docket: Rupa Marya v. Warner Chappell Music Inc|work=archive.org|access-date=September 15, 2015}}</ref> Five weeks later, Nelson refiled the case there,<ref>Notice of Voluntary Dismissal, ''Good Morning To You Productions Corp. v. Warner/Chappell Music'', Docket No. 1:13-cv-04040 (S.D.N.Y. filed July 26, 2013).</ref> and the cases were combined.<ref>Third Amended Consolidated Complaint, ''Good Morning to You Productions Corp. v. Warner/Chappell Music'', Docket No. 2:13-cv-04460 (C.D. Cal. November 6, 2013).</ref><ref>{{cite news |last= Masnick |first= Mike |url= http://www.techdirt.com/articles/20130903/17133224395/warner-music-reprising-role-evil-slayer-public-___domain-fights-back-against-happy-birthday-lawsuit.shtml |title= Warner Music Reprising the Role of the Evil Slayer of the Public Domain, Fights Back Against Happy Birthday Lawsuit |work= Techdirt |date= September 3, 2013 |access-date= October 14, 2013 |archive-date= November 3, 2013 |archive-url= https://web.archive.org/web/20131103223251/http://www.techdirt.com/articles/20130903/17133224395/warner-music-reprising-role-evil-slayer-public-___domain-fights-back-against-happy-birthday-lawsuit.shtml |url-status= live }}</ref><ref>{{cite news |last= Johnson |first= Ted |url= https://variety.com/2013/biz/news/court-keeps-candles-lit-on-dispute-over-happy-birthday-copyright-1200703048/ |title= Court Keeps Candles Lit on Dispute Over 'Happy Birthday' Copyright |work= Variety |date= October 7, 2013 |access-date= December 11, 2017 |archive-date= June 28, 2017 |archive-url= https://web.archive.org/web/20170628023627/http://variety.com/2013/biz/news/court-keeps-candles-lit-on-dispute-over-happy-birthday-copyright-1200703048/ |url-status= live }}</ref> In April 2014, Warner's motion to dismiss had been denied without prejudice, and discovery began under an agreed plan with respect to Claim One, declaratory judgment as to whether "Happy Birthday to You" was in the public ___domain. The court was expected to rule on the motion for summary judgment as to the merits issues on Claim One.<ref>Dkt. 89 (Joint Report Rule 26(f) Discovery Plan)</ref> A jury trial was requested.<ref>Amended Complaint, Dkt. 75.</ref>
Nelson's attorneys Betsy Manifold and Mark Rifkin presented new evidence on July 28, 2015, one day before a scheduled ruling, which they argued was conclusive proof that the song was in the public ___domain, "thus making it unnecessary for the Court to decide the scope or validity of the disputed copyrights, much less whether Patty Hill abandoned any copyright she may have had to the lyrics". They had been given access to documents previously held back from them by Warner/Chappell, which included a copy of the 15th edition of ''The Everyday Song Book'' published in 1927. The book contained "Good Morning and Happy Birthday", but the copy was blurry, obscuring a line of text below the title. Manifold and Rifkin located a clearer copy of an edition published in 1922 that also contained the "Happy Birthday" lyrics. The previously obscured line was revealed to be the credit "Special permission through courtesy of The Clayton F Summy Co." Manifold and Rifkin argued that the music and lyrics were published without a valid copyright notice as was required at the time, so "Happy Birthday" was in the public ___domain.<ref name=thr-newevidence>{{cite news |title= 'Happy Birthday' Lawsuit: 'Smoking Gun' Emerges in Bid to Free World's Most Popular Song |url= http://www.hollywoodreporter.com/thr-esq/happy-birthday-lawsuit-smoking-gun-811144 |work= [[The Hollywood Reporter]] |access-date= July 28, 2015 |archive-date= December 28, 2015 |archive-url= https://web.archive.org/web/20151228163056/http://www.hollywoodreporter.com/thr-esq/happy-birthday-lawsuit-smoking-gun-811144 |url-status= live }}</ref>
Warner/Chappell disputed the evidence, arguing that, unless there was "necessary authorization from the copyright owner", the "Happy Birthday" lyrics and sheet music would still be subject to [[common law copyright]] as an unpublished work, and that it was unknown whether the "special permission" from the Summy Company covered "Good Morning to All", "Happy Birthday", or both, thus alleging that the publication in ''The Everyday Song Book'' was unauthorized. The company also argued that it was not acting in bad faith in withholding the evidence of the 1927 publication.<ref name=ars-commonlaw>{{cite web |title=Warner Lawyers: 1922 Songbook with 'Happy Birthday' Lyrics Wasn't 'Authorized' |url=https://arstechnica.com/tech-policy/2015/07/warner-lawyers-1922-songbook-with-happy-birthday-lyrics-wasnt-authorized/ |website=[[Ars Technica]] |date=July 29, 2015 |access-date=July 30, 2015 |archive-date=July 30, 2015 |archive-url=https://web.archive.org/web/20150730142246/http://arstechnica.com/tech-policy/2015/07/warner-lawyers-1922-songbook-with-happy-birthday-lyrics-wasnt-authorized/ |url-status=live }}</ref>
On September 22, 2015, federal judge [[George H. King (judge)|George H. King]] ruled<ref name="US District Court CA">{{harvp|US District Court CA|2015}}.</ref> that the Warner/Chappell copyright claim over the lyrics was invalid.<ref name=maiduc>{{cite news |url= http://www.latimes.com/local/lanow/la-me-ln-happy-birthday-song-lawsuit-decision-20150922-story.html |title= 'Happy Birthday' Song Copyright Is Not Valid, Judge Rules |date= September 22, 2015 |first= Christine |last= Mai-Duc |newspaper= Los Angeles Times |access-date= September 22, 2015 |archive-date= September 23, 2015 |archive-url= https://web.archive.org/web/20150923014052/http://www.latimes.com/local/lanow/la-me-ln-happy-birthday-song-lawsuit-decision-20150922-story.html |url-status= live }}</ref><ref name=thr-bdaypd>{{cite news |first= Eriq |last= Gardner |date= September 22, 2015 |title= 'Happy Birthday' Copyright Ruled to Be Invalid |url= http://www.hollywoodreporter.com/thr-esq/happy-birthday-copyright-ruled-be-826528 |work= The Hollywood Reporter |access-date= September 23, 2015 |archive-date= September 23, 2015 |archive-url= https://web.archive.org/web/20150923142246/http://www.hollywoodreporter.com/thr-esq/happy-birthday-copyright-ruled-be-826528 |url-status= live }}</ref> The 1935 copyright held by Warner/Chappell applied only to a specific piano arrangement of the song, not the lyrics or melody.<ref name=hunt>{{cite news |url= https://www.theguardian.com/business/2015/sep/23/us-judge-rules-happy-birthday-is-public-___domain-throws-out-copyright-claim |title= Happy Birthday Ruled Public Domain as Judge Throws out Copyright Claim |work= [[The Guardian]] |___location= London |first= Elle |last= Hunt |date= September 23, 2015 |access-date= September 23, 2015 |archive-date= September 23, 2015 |archive-url= https://web.archive.org/web/20150923232639/http://www.theguardian.com/business/2015/sep/23/us-judge-rules-happy-birthday-is-public-___domain-throws-out-copyright-claim |url-status= live }}</ref> The court held that the question of whether the 1922 and 1927 publications were authorized, thus placing the song in the public ___domain, presented questions of fact that would need to be resolved at trial.<ref name="US District Court CA" /> However, Warner/Chappell had failed to prove that it actually had ever held a copyright to the lyrics, so the court was able to grant [[summary judgment]] to the plaintiffs, thus resolving the case.<ref name="US District Court CA" />
Some initial news sources characterized the decision as ruling that the song was in the public ___domain,<ref name=hunt/><ref name=calamur>{{cite web |url= https://www.theatlantic.com/national/archive/2015/09/happy-birthday-public-___domain/406867 |title= Unchained Melody |work= [[The Atlantic]] |first= Krishnadev |last= Calamur |date= September 22, 2015 |access-date= September 23, 2015 |archive-date= September 23, 2015 |archive-url= https://web.archive.org/web/20150923111033/http://www.theatlantic.com/national/archive/2015/09/happy-birthday-public-___domain/406867/ |url-status= live }}</ref> but the decision did not go so far, holding only that Warner/Chappell did not prove they owned the copyright.<ref name=maiduc/> However, as there were no other claimants to the copyright, and the copyright to the melody had long ago expired,<ref>{{harvp|US District Court CA|2015|pp=14–16}}.</ref> the plaintiffs suggested that the song was ''de facto'' in the public ___domain.<ref name=maiduc /> Also, the judge ruled that the song was not copyrighted by Summy Co., who had written in the song book, "Special permission through courtesy of the Clayton F. Summy Co." Since there was no evidence Summy Co. had copyright on the song, the song is still considered to be in the public ___domain.<ref>{{Cite news |first= Christine |last= Mai-Duc |date= September 23, 2015 |title= Filmmaker Picks a Fight with a Corporate Giant and Sets 'Happy Birthday' Free |url= http://www.latimes.com/local/lanow/la-me-ln-how-the-happy-birthday-song-was-set-free-20150923-story.html |work= Los Angeles Times |access-date= February 24, 2016 |archive-date= February 24, 2016 |archive-url= https://web.archive.org/web/20160224071416/http://www.latimes.com/local/lanow/la-me-ln-how-the-happy-birthday-song-was-set-free-20150923-story.html |url-status= live }}</ref>
Before the lawsuit, Warner/Chappell had been earning $2 million a year licensing the song for commercial use,<ref name="calamur" /> with a notable example the $5,000 paid by the filmmakers of the 1994 documentary ''Hoop Dreams''<ref>{{cite interview |last= Quinn |first= Gordon |interviewer= Bob Garfield |title= Truth and Consequences |type= Transcript |url= http://www.onthemedia.org/story/132349-truth-and-consequences/transcript/ |work= On the Media |date= May 8, 2009 |access-date= December 12, 2015 |archive-url= https://web.archive.org/web/20151222122153/http://www.onthemedia.org/story/132349-truth-and-consequences/transcript/ |archive-date= December 22, 2015 |url-status= dead |df= mdy-all }}</ref> in order to safely distribute the film.<ref>{{cite web |title= 'Happy Birthday', 'Hoop Dreams', and the Fight for Fair Use |url= https://www.kartemquin.com/news/happy-birthday-hoop-dreams-and-the-fight-for-fair-use |publisher= Kartemquin Films |date= September 22, 2015 |access-date= December 12, 2015 |archive-date= December 22, 2015 |archive-url= https://web.archive.org/web/20151222093712/https://www.kartemquin.com/news/happy-birthday-hoop-dreams-and-the-fight-for-fair-use |url-status= live }}</ref> On February 8, 2016, Warner/Chappell agreed to pay a settlement of $14 million to those who had licensed the song, and would allow a final judgment declaring the song to be in the public ___domain, with a final hearing scheduled in March 2016.<ref name="thr-14million">{{cite news |first= Eriq |last= Gardner |date= February 9, 2016 |title= Warner Music Pays $14 Million to End 'Happy Birthday' Copyright Lawsuit |url= http://www.hollywoodreporter.com/thr-esq/warner-music-pays-14-million-863120 |work= The Hollywood Reporter |access-date= February 9, 2016 |archive-date= February 10, 2016 |archive-url= https://web.archive.org/web/20160210075924/http://www.hollywoodreporter.com/thr-esq/warner-music-pays-14-million-863120 |url-status= live }}</ref><ref name="cbc-settlement">{{cite news |date= February 9, 2016 |title= Happy Birthday: Warner Offers up to $14M to Settle Copyright Dispute |url= http://www.cbc.ca/news/arts/happy-birthday-settlement-1.3440182 |work= CBC News |access-date= February 9, 2016 |archive-date= February 10, 2016 |archive-url= https://web.archive.org/web/20160210010726/http://www.cbc.ca/news/arts/happy-birthday-settlement-1.3440182 |url-status= live }}</ref> On June 28, 2016, the final settlement was officially granted and the court declared that the song was in the public ___domain.<ref name="settlement2016" /> The following week, Nelson's short-form documentary ''Happy Birthday: My Campaign to Liberate the People's Song'' was published online by ''[[The Guardian]]''.<ref name="techdirt-bdaydoc">{{cite web|title=Documentary About Freeing Happy Birthday From Copyfraud Comes Out The Day After Happy Birthday Officially Declared Public Domain|url=https://www.techdirt.com/articles/20160701/17352234877/documentary-about-freeing-happy-birthday-copyfraud-comes-out-day-after-happy-birthday-officially-declared-public-___domain.shtml|website=Techdirt|date=July 5, 2016|access-date=July 13, 2016|archive-date=July 6, 2016|archive-url=https://web.archive.org/web/20160706155705/https://www.techdirt.com/articles/20160701/17352234877/documentary-about-freeing-happy-birthday-copyfraud-comes-out-day-after-happy-birthday-officially-declared-public-___domain.shtml|url-status=live}}</ref>
In the wake of their success, the lawyers involved in the "Happy Birthday" lawsuit filed similar lawsuits regarding "[[We Shall Overcome]]"<ref name="billboard-weshalllawsuit">{{cite magazine|title='Happy Birthday' Legal Team Turns Attention to 'We Shall Overcome'|url=http://www.billboard.com/articles/business/7332976/we-shall-overcome-public-___domain-lawsuit-copyright|magazine=Billboard|date=April 12, 2016|access-date=April 15, 2016|archive-date=April 16, 2016|archive-url=https://web.archive.org/web/20160416042957/http://www.billboard.com/articles/business/7332976/we-shall-overcome-public-___domain-lawsuit-copyright|url-status=live}}</ref> and "[[This Land Is Your Land]]".<ref>{{cite web|last1=Farivar|first1=Cyrus|title=Lawyers who yanked 'Happy Birthday' into public ___domain now sue over 'This Land'|url=https://arstechnica.com/tech-policy/2016/06/lawyers-who-yanked-happy-birthday-into-public-___domain-now-sue-over-this-land/|access-date=August 18, 2016|website=Ars Technica|date=June 18, 2016|archive-date=August 13, 2017|archive-url=https://web.archive.org/web/20170813010506/https://arstechnica.com/tech-policy/2016/06/lawyers-who-yanked-happy-birthday-into-public-___domain-now-sue-over-this-land/|url-status=live}}</ref>
==Public performances==
One of the most famous performances of "Happy Birthday to You" was [[Marilyn Monroe]]'s [[Happy Birthday, Mr. President|rendition]] to [[US President]] [[John F. Kennedy]] in May 1962. Another notable use was by comedy pianist [[Victor Borge]], who played the song in the styles of various composers,<ref name="BBC">{{cite news |url= http://news.bbc.co.uk/2/hi/entertainment/1085722.stm |title= Victor Borge: The Great Dane |work= [[BBC News]] |date= December 24, 2000 |access-date= April 5, 2012 |last= Higham |first= Nick |archive-date= March 5, 2016 |archive-url= https://web.archive.org/web/20160305221310/http://news.bbc.co.uk/2/hi/entertainment/1085722.stm |url-status= live }}</ref> or would begin playing ''[[Moonlight Sonata]]'', smoothly transitioning into the song.<ref name="Guardian">{{cite news |url= https://www.theguardian.com/stage/2012/mar/14/rainer-herschs-victor-borge |title= Rainer Hersch's Victor Borge |type= Review |work= [[The Guardian]] |___location= London |date= March 14, 2012 |access-date= April 5, 2012 |last= Logan |first= Brian |archive-date= May 31, 2014 |archive-url= https://web.archive.org/web/20140531163045/http://www.theguardian.com/stage/2012/mar/14/rainer-herschs-victor-borge |url-status= live }}</ref>
[[The Beatles]] recorded "Happy Birthday Dear Saturday Club" for the BBC's radio programme's fifth anniversary. This recording is included on the compilation album ''[[On Air – Live at the BBC Volume 2]]'', released in 2013.<ref>{{Cite web|url = https://www.beatlesbible.com/albums/on-air-live-at-the-bbc-volume-2/|title = On Air – Live at the BBC Volume 2|date = September 12, 2013|access-date = April 26, 2019|archive-date = April 26, 2019|archive-url = https://web.archive.org/web/20190426230921/https://www.beatlesbible.com/albums/on-air-live-at-the-bbc-volume-2/|url-status = live}}</ref>
In the 1987 documentary ''[[Eyes on the Prize]]'' about the U.S. [[civil rights movement]], there was a birthday party scene in which Dr. [[Martin Luther King Jr.]]'s discouragement began to lift. After its initial release, the film was unavailable for sale or broadcast for many years because of the cost of clearing many copyrights, of which "Happy Birthday to You" was one. Grants in 2005 for copyright clearances<ref>{{cite magazine |url= https://www.wired.com/news/culture/digiwood/0,68664-0.html |title= Cash Rescues Eyes on the Prize |last= Dean |first= Katie |date= August 30, 2005 |magazine= Wired |access-date= May 11, 2008 |archive-date= October 13, 2008 |archive-url= https://web.archive.org/web/20081013063511/http://www.wired.com/news/culture/digiwood/0,68664-0.html |url-status= live }}</ref> allowed [[Public Broadcasting Service|PBS]] to rebroadcast the film.<ref>{{cite press release |url= https://www.pbs.org/about/about-pbs/blogs/news/pbs-celebrates-black-history-month-january-10-2008/ |title= PBS News: PBS Celebrates Black History Month with an Extensive Lineup of Special Programming |date= January 10, 2008 |publisher= [[PBS]] |access-date= May 11, 2008 |archive-date= April 5, 2008 |archive-url= https://web.archive.org/web/20080405203500/http://www.pbs.org/aboutpbs/news/20080110_blackhistory.html |url-status= live }}</ref>
In 2010, the [[Western classical music]] conductor [[Zubin Mehta]] conducted the orchestra to play variations of "Happy Birthday" in the styles of various Western classical music composers, including [[Richard Wagner|Wagner]], [[Johann Sebastian Bach|Bach]], [[Wolfgang Amadeus Mozart|Mozart]] and [[Ludwig van Beethoven|Beethoven]], and in the Viennese, New Orleans and Hungarian composition styles.<ref>{{cite web |title= Zubin Mehta, Happy Birthday Variation, Symphony | date=September 10, 2010 |url= https://www.youtube.com/watch?v=LtlN6_qILkk | archive-url=https://ghostarchive.org/varchive/youtube/20211030/LtlN6_qILkk| archive-date=October 30, 2021|via= You Tube |type= Video |access-date= June 6, 2015}}{{cbignore}}</ref><ref>{{cite web |title= Zubin Mehta Does Variations on 'Happy Birthday' | date=September 30, 2011 |url= https://www.youtube.com/watch?v=TuyYSaKQ6z0 | archive-url=https://ghostarchive.org/varchive/youtube/20211030/TuyYSaKQ6z0| archive-date=October 30, 2021|via= YouTube |publisher= Best Jon Bon |access-date= June 6, 2015}}{{cbignore}}</ref>
On May 10, 2024, composer [[Karl Jenkins]] was conducting a performance of the [[Royal Scottish National Orchestra]] at the [[Royal Albert Hall]] as part of his 80th birthday celebrations when the orchestra suddenly broke out into playing "Happy Birthday to You" instead of ''[[Palladio (Jenkins)|Palladio]]'' as Jenkins had planned.<ref>{{cite web|url=https://www.classicfm.com/events/classic-fm-live/orchestra-pranks-karl-jenkins-surprise-happy-birthday/|title=Orchestra expertly pranks Sir Karl Jenkins with surprise 'Happy Birthday' at Royal Albert Hall|last=Linton|first=Siena|publisher=[[Classic FM (UK)|Classic FM]]|date=May 10, 2024|access-date=May 17, 2025}}</ref>
==See also==
{{Portal|History|United States|Music}}
* [[List of birthday songs]]
* "[[The ABC Song]]"
* [[Copyfraud]]
* [[Copyright troll]]
* ''[[Greeting Prelude]]'', an orchestral work by [[Igor Stravinsky]] based on "Happy Birthday"
{{clear}}
==References==
===Citations===
{{Reflist|30em}}
===Sources===
{{Refbegin}}
* {{cite journal |last=Brauneis |first=Robert |title=Copyright and the World's Most Popular Song |date=October 14, 2010 |volume=56 |issue=2–3 |pages=335–426 |journal=[[Journal of the Copyright Society of the U.S.A.]] |publisher=George Washington University Law School |series=Legal Studies Research Paper No. 392 |ssrn=1111624 |doi=10.2139/ssrn.1111624 |url=https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1303&context=faculty_publications |access-date=September 24, 2019 |archive-date=October 30, 2019 |archive-url=https://web.archive.org/web/20191030120802/http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1303&context=faculty_publications |url-status=live |doi-access=free }}
* {{cite web |url=https://archive.org/details/gov.uscourts.cacd.564772 |title=''Rupa Marya, et al. v. Warner/Chappell Music, Inc., et al.'' |date=September 22, 2015 |publisher=[[United States District Court for the Central District of California]] |id=Case Number CV-13-4460-GHK |access-date=September 22, 2015 |ref={{harvid|US District Court CA|2015}} }}
{{refend}}
==External links==
{{Sister project links|collapsible=true|wikt=no|display="Happy Birthday to You"|v=no|n=no|c=Category:Happy Birthday to You|q=no|b=no}}
* {{cantorion|pieces/264/Happy_Birthday_Song|"Happy Birthday to You"}}
* {{IMSLP|work=Song Stories for the Kindergarten (Hill, Mildred)|cname=''Song Stories for the Kindergarten'' by Mildred Hill|descr=containing the song "Good morning to you"}}
* [https://web.archive.org/web/20120722163516/http://www.littleloomhouse.org/happy-birthday-song/ The Happy Birthday Song and The Little Loomhouse]
* {{YouTube|id=uxVVgBAosqg#t=16|title=Mars rover Curiosity plays "Happy Birthday" to itself}} in 2013
* {{cite web |url=http://www.library.pitt.edu/happybirthday/ |title=The Happy Birthday Song |archive-url=https://web.archive.org/web/20150926195828/http://www.library.pitt.edu/happybirthday/ |archive-date=September 26, 2015 |publisher=University of Pittsburgh |access-date=May 24, 2024}} – shows the "Good Morning and Birthday Song" from the 1927 edition of ''The Everyday Song Book'' held by the University of Pittsburgh Library System.
* [https://www.youtube.com/watch?v=eR1Dy8giXsE Eddy Howard's version]
{{authority control}}
{{DEFAULTSORT:Happy Birthday To You}}
[[Category:1912 songs]]
[[Category:Songs about birthdays]]
[[Category:Songs about birthday parties]]
[[Category:
[[Category:American folk songs]]
[[Category:Traditional children's songs]]
[[Category:History of Louisville, Kentucky]]
[[Category:Public ___domain music]]
[[Category:Songs involved in royalties controversies]]
[[Category:Quotations from music]]
[[Category:1912 quotations]]
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