The "Happy Birthday" copyright

  The Song that we sing at least once a year, - and one of the most common of English songs along with "For he's a Jolly Good Fellow" and "Auld Land Syne" - is under copyright. Yes, the "Happy Birthday song is restricted just like your average cereal brand name. How can a song that, according to the Guiness Book of World Records, has the most recognizable tune and lyrics of the English language, be under copyright? Where did it even come from?

Apparently the tune first originated in Kentucky courtesy of two sisters, Mildred and Patty Hill, back in 1893. Their song - which in contrast to it's later successor is virtually unknown - was called "Good Morning to All". Along with the oh-so-famliar melody went the lyrics "Good morning to you / good morning to you / good morning dear children / good morning to all". It appears that the only parts of the lyrics  remaining from the original were the repetitive use of "to you" and the reference to a person (or persons, in this case) in the third verse.

Over the course of time the lyrics changed to accomodate Birthday wishes instead. The writer of the birthday lyrics is unknown, but many believe the same Hill sisters themselves may be responsible. While we don't know for sure who the original writer was, we do know that the lyrics appeared in a 1924 music book, with the same melody as "Good Morning to All". However, the initial publishing company of "Good Morning to All" - who teamed with another Hill sister, Jessica, in the process - is the same company which copyrighted the Famous "Happy Birthday".

According to Dan Lewis from Now I Know, the rights to the song have been tossed around since then, and a pricey fee is in store for those who break it:

"Today, the rights are owned by Warner Music Group.  Warner continues to enforce the copyright insofar as public and/or for-profit performances is concerned.  (Don’t worry about singing it at a private family gathering.) Enforcement of the copyright net the company $2 million in royalties in 2008 alone, and apparently, the Walt Disney company paid $5,000 to use the song in a ride at Epcot Center a few decades ago.But some take steps to avoid the fees. For example, some film makers substitute 'For He’s a Jolly Good Fellow' in when 'Happy Birthday' would otherwise be more appropriate.  And, perhaps absurdly, some large chain restaurants instruct servers to sing atypical birthday songs when guests celebrate at their establishments — in an effort to skirt paying royalties to Warner Music."

 In 1991, the song was scheduled to enter public domain, thus allowing free use, but due to copyright extension laws will remain under copyright for another four decades. If no more extensions ensue, "Happy Birthday" will finally be free for public use in 2030 in the U.S. and at the end of 2016 in Europe.

Who would have thought that "Happy Birthday", of all songs, would be so strongly guarded by copyright laws, and have such a heavy  price?

                       ~ General info and article quote from Now I Know