Is Happy Birthday Copyrighted
The song "Happy Birthday to You" is in the public domain in the United States as of 2025, following a federal court ruling that invalidated its copyright claim. The decision confirmed that the original 1935 copyright covered only specific piano arrangements and not the underlying melody and lyrics. This means the song can be used freely for commercial and noncommercial purposes without licensing fees. For background on the legal history, see the case summary from the court decision CourtListener.
Despite being in the public domain, the phrase "Happy Birthday" and certain specific arrangements may still be protected by trademark rights in some jurisdictions. Companies that have historically collected royalties for the song, including Warner Chappell Music, stopped enforcing those claims after the lawsuit was resolved. The case reshaped how businesses and media producers handle the song, removing the need for blanket licensing agreements that previously generated millions in annual fees.
Who Owns Happy Birthday
Original Copyright and Ownership Chain
The melody and lyrics are widely attributed to Patty Hill and Mildred J. Hill, with the copyright for a specific piano arrangement filed in 1935 by the Clayton F. Summy Company. Over time, ownership passed through a series of acquisitions, ultimately landing with Warner Music Group's publishing arm, which claimed copyright on the song as a whole until the court ruling. The court found that the 1935 copyright did not extend to the use of the lyrics and melody together, placing the core song in the public domain.
Current Status and Public Domain
Today, anyone can record, perform, and distribute "Happy Birthday to You" without seeking permission or paying royalties in the United States. The public domain status means the song is no longer controlled by a single entity, and no central licensing body collects fees for its standard use. This status is confirmed by the court's final judgment and subsequent legal analyses from copyright experts referenced in Forbes coverage of the case.
Happy Birthday Trademark and Commercial Use
Trademark vs Copyright Distinction
While the song itself is in the public domain, the name "Happy Birthday" can still be protected as a trademark for specific goods and services, such as branded merchandise or entertainment services. Trademark protection does not prevent general use of the song but can restrict commercial branding that implies official endorsement or creates consumer confusion. Businesses should conduct a trademark search before using the phrase in product names or marketing campaigns.
Practical Guidance for Media and Businesses
Filmmakers, content creators, and event planners can now use the song in videos, live events, and broadcasts without fearing copyright infringement claims. However, they should avoid implying that the use is officially licensed or endorsed by any entity that previously collected royalties. For additional context on intellectual property enforcement, the U.S. Copyright Office provides guidance on public domain works at its official website copyright.gov.