A Federal Judge says “Happy Birthday To You”

For years it's been costly to sing "Happy Birthday To You" on the radio, television or in the movies.

A federal judge George H. King  yesterday ruled that the song is in the public domain and in most cases it is free to sing it anywhere without fear. Now only certain piano arrangements are subject to copyright infringement.

According to The Wall Street Journal the judge questioned the transfer of rights to the song from it writers Mildred and Patty Hill in 1893.   The Summy Corporation copyrighted the tune in 1935 and sold the rights to Warner Brothers/Chappell  Music in 1988.

Concluded Judge King:

Defendants ask us to find that the Hill sisters eventually gave Summy Co. the rights in the lyrics to exploit and protect, but this assertion has no support in the record. The Hill sisters gave Summy Co. the rights to the melody, and the rights to piano arrangements based on the melody, but never any rights to the lyrics.

 

According to Wikipedia there is even a dispute over whether the sisters did compose the tune.   The Guiness World Records says the tune is the most recognized song in the English language.  It's said to be the highest earning song  in history with over 50 Million dollars collected for performance rights.

It's safe to sing it among friends and family but the court ruling is being appealled and it probably be awhile before it is heard on the airwaves on a regular basis.