Copyright and Happy Birthday to You
Before most people blow out the candles on their birthday cake, they usually sing âHappy Birthday to You.â You know the song well. Itâs sung at almost every birthday party. Variations exist in nearly every language. Weâve heard âThe Happy Birthday to Youâ sung by all kinds of pop starts â most famously sung quite saucily by Marilyn Monroe to President John F. Kennedy. Itâs really, really popular. So popular that it holds the Guinness World Record for the most performed song ever. And you may think that âHappy birthday to Youâ is held within the public domain, and free for everyone to sing and enjoy… But, itâs not!
In fact, the song is still held under copyright, one which stems from 1893. As reported in a recent New York Times article about filmmaker Jennifer Nelson, and her documentary âHappy Birthdayâ (a film about the song), the song is actually property of Warner/Chappell, part of the Warner Music Group. And the Warner Music Group doesnât play around, theyâre quite militant when it comes to getting their royalties. Warner will not allow Nelson to publish the song in her documentary without paying $1,500 in fees and entering into a licensing agreement.
According to copyright as it stands, âHappy Birthday to Youâ is actually a derivation of the song âGood Morning to All.â âGood Morning to Allâ was put in writing in the latter half of the 1893 by Mildred J. Hill and Patty Smith Hill, sisters. After more than a century of copyright juggling, the copyrights of the song fell into the hands of Warner Music Group, who holds the rights until 2030 and currently accrues over 2 million dollars each year in royalties!
Those huge royalties are at the core of why youâd be hard-pressed to find the staff of your neighborhood chain restaurant sing “Happy Birthday to You” when you take your Uncle Joe out for his 50th birthday. Instead youâll we’re serenaded with a birthday-themed reworking of the military marching cadence count, âSound Off (the Duckworth chant).â Even popular television shows, such as Star Trek have avoided the song by replacing it with âFor Heâs A Jolly Good Fellowâ (albeit in Klingon).
To make matters even more complicated, research conducted by Robert Brauneis of George Washington University, suggests that thereâs scant evidence that âGood Morning to Allâ was actually created by either of the Hill sisters, and that Warner’s claim to âHappy Birthday to Youâ rights are tenuous to begin with. (More info can be found in Brauneisâ paper, which is linked below)
So what is right here? Arguably, the Hill sisters should have been compensated for their song âGood Morning to Allâ while they were alive. But once the song was “folk processed,” are their claims really valid? And they’ve been dead for a long time, and the song has become part of culture. Where does the legitimacy of demanding payment for use end? It is sung at just about every birthday party on earth (thatâs a potential 6.974 billion âHappy Birthday to Yousâ).
If Nelson is allowed to include the song in her documentary, what does that mean for copyright law for other songs … and the airs and estates of today’s songwriters? Should Warner Bros. be able to retain the copyright to the song in perpetuity? And, if so, should we expect a cease and desist letter instead of a birthday card next year?
Sound off below!
— Matt Hengeveld
If you want more information regarding âHappy Birthday to Youâ and Copyright, check out “Copyright and the World’s Most Popular Song,” by Robert Brauneis of George Washington University.