Original Creators of Happy Birthday
The song "Good Morning to All" was written by two American sisters, Patty Hill and Mildred J. Hill, in 1893. Patty was a kindergarten principal in Louisville, Kentucky, while Mildred was a pianist and composer. They created the melody and lyrics for their students, and the later birthday adaptation became widely known as "Happy Birthday to You." Forbes
The Hill sisters published the tune in a songbook titled "Song Stories for the Kindergarten" in 1893. The copyright for "Good Morning to All" was registered in 1893 and later renewed, while the birthday-specific lyrics spread through informal use in schools and theaters. The combination of the melody and the birthday words became a cultural standard in the early 20th century.
Copyright Disputes and Legal Rulings
Key Lawsuits and Settlements
In 1935, the copyright for "Happy Birthday to You" was officially registered by the Clayton F. Summy Company, with credits to Preston Ware Orem and Mrs. R. R. Forman. For decades, Warner/Chappell Music claimed ownership and collected licensing fees, making it one of the most profitable copyrighted songs in history. In 2015, a federal judge ruled that the copyright registration only covered the piano arrangement and not the lyrics, effectively placing the song in the public domain.
The lawsuit, Good Morning to You Productions Corp. v. Warner/Chappell Music Inc., led to a settlement in 2016. Warner/Chappell agreed to pay $14 million and acknowledged that the song's lyrics were not protected by copyright. Since then, anyone has been free to use "Happy Birthday to You" without paying a licensing fee.
Current Ownership and Commercial Use
Public Domain Status
Today, the lyrics and melody of "Happy Birthday" are in the public domain, meaning no single company owns exclusive rights to the song. The melody and lyrics can be freely reproduced, performed, and recorded by anyone. This status applies worldwide in jurisdictions that follow standard copyright terms, as the original copyright has long expired or was invalidated.
While the song itself is free to use, specific recordings or arrangements may still carry their own copyrights. For example, a new studio recording by a particular artist or orchestra is protected as a sound recording. Companies can still monetize by selling official versions, merchandise, or branded birthday content, but the underlying song remains unrestricted.
Commercial Licensing Today
Businesses that use the song in public performances, films, or advertisements no longer need to pay a blanket license for the lyrics. However, venues, broadcasters, and streaming platforms may still use blanket licenses from performing rights organizations like ASCAP or BMI to cover public performances of musical works. These licenses are not specific to "Happy Birthday" but cover large catalogs of songs.
Notable Corporate and Public Use
Major companies such as Disney, Netflix, and restaurant chains like Denny's have used the song in productions or promotions without paying a dedicated "Happy Birthday" royalty since the public domain ruling. The song remains a global cultural staple, appearing in countless films, commercials, and live events each year. Its widespread use is now unencumbered by copyright claims on the lyrics or melody.