![]() ![]() She hopes for a decision by the end of this summer. "I think it's going to set a precedent for this song and other songs that may be claimed to be under copyright, which aren't," says Newman.Īs for Nelson, she jokes that if her lawsuit succeeds, "People will be so sick of the 'Happy Birthday to You' song, because everybody will get to use it, finally." If Nelson and her lawyers win, the song will be in the public domain. If the company wins the suit, it can keep collecting licensing fees until the copyright expires. Happy Happy Birthday Lyrics: Oh boy, I hear its somebodys special day / Happy happy birthday / Smile (Smile) / Cause its your day / Happy happy birthday. Warner/Chappell did not respond to NPR's requests for comment. If that's true, "Happy Birthday to You" will eventually go into the public domain - but not for 15 more years, in 2030. The company says the copyright that counts is one obtained in 1935, for arrangements of the song. Notable lyrics: You a bad btch / And it's your birthday / G'on ahead fck it up in the worst way. Newman, argue that the copyright for the song - that's the tune and the lyrics - expired by 1921. Planet Money This One Page Could End The Copyright War Over 'Happy Birthday' The Hill sisters, from Kentucky, wrote and got the copyright to the song's melody back then, more than 100 years ago.Īfter this, Nelson says, the song's publisher, the Summy Co., "copyrighted 'Good Morning to All,' and then later, sometime in the '20s, the 'Happy Birthday to You' lyrics were added to the melody, and Summy copyrighted that." Stevie penned this birthday tune for Martin Luther King Jr., as part of the campaign to get the day recognized as a national holiday. This free original version by 1 Happy Birthday replaces the traditional Happy Birthday to you song and can be downloaded free as a mp3, posted to. And there was a song called 'Good Morning to All' and the melody from that song evolved and the lyrics kind of changed to 'Happy Birthday to You.' " When you celebrate a birthday for Disney by giving a birthday song to Disney, it means Happy Birthday Disney. "In 1893," Nelson explains, "the Hill sisters, Mildred and Patty Hill, they were kindergarten teachers, and they wrote music for their students. The core of her case depends on the song's long, convoluted history and when it was copyrighted. She paid for the rights to use it, and she's suing Warner/Chappell to get her money back, arguing it's part of the public domain - free for anyone to use. Nelson is working on a documentary about the song. "This is where it gets complicated," says filmmaker Jennifer Nelson, laughing. That means that every time anyone wants to use the song, he must pay a licensing fee, sometimes as high as six figures.īut how did Warner/Chappell get the rights? It turns out the publisher Warner/Chappell Music owns the copyright to the "Happy Birthday" song. Well, what did happen to the "happy birthday" part? ![]()
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