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“Happy Birthday to You” and the End of One of the Most Famous Copyrights in History
Introduction
“Happy Birthday to You” is arguably the most famous song in the world. Sung at birthday celebrations across the globe, the tune has become a universal tradition. Yet, for many years, a curious fact drew the attention of the entertainment industry and copyright experts: until 2016, the song was generating millions of dollars in royalties for a major corporation.
But how could such an old song still be under copyright protection? And how did this monopoly come to an end? In this article, we revisit the fascinating legal battle that ultimately led to the song’s release into the public domain.
The Song’s Origins and Copyright Dispute
The melody of “Happy Birthday to You” dates back to 1893, composed by American sisters Patty and Mildred Hill. Originally, the song had different lyrics and was known as “Good Morning to All,” used in kindergarten classrooms. Over time, the “Happy Birthday” version became more popular and widely adopted in birthday celebrations.
The problem began when the Summy Company—later acquired by Warner/Chappell Music—claimed ownership of the song’s copyright. Relying on registrations from the 1930s, the company began charging fees for its commercial use, collecting around $2 million annually. This meant that any film, TV show, stage production, or even restaurant that used the song for commercial purposes had to pay for the privilege.
The Legal Battle and Landmark Decision
In 2013, documentary filmmaker Jennifer Nelson wanted to use the song in a film about its history but was told she would need to pay $1,500 to do so. Unwilling to comply, she filed a lawsuit against Warner/Chappell, challenging the validity of the copyright claim.
The case revealed that, while Warner/Chappell did hold certain copyright registrations, there was no clear evidence that the company actually owned the rights to the lyrics. In 2016, a U.S. federal court ruled that “Happy Birthday to You” was in the public domain, ending decades of royalty collections and freeing the song for unrestricted public use.
The Impact of the Decision
The court’s decision was a significant win for culture and open access to music. With the recognition of the song’s public domain status, anyone could now use it freely—even in commercial contexts—without paying fees or seeking permissions. The case became a milestone in copyright history, underscoring the importance of balanced protection: ensuring creators are fairly compensated, but not enabling unjust monopolies over widely shared cultural works.
Moreover, the case served as a cautionary tale for other questionable copyright claims, encouraging greater transparency in the management of protected works and discouraging companies from profiting off creations that should belong to the public.
How This Would Be Different in Brazil
Brazilian copyright law contains key differences that would have prevented this long legal dispute. Under Brazilian law (Law 9.610/98), copyright protection lasts for 70 years, starting on January 1st of the year following the death of the last surviving author. In the case of the Hill sisters—both of whom passed away more than a century ago—the song would have entered the public domain decades ago, with no possibility of extension by publishers or private entities.
Additionally, Brazilian law does not allow for indefinite renewals of copyright registrations. The country doesn’t follow the same “copyright” system as the United States. In the U.S., practices such as successive extensions of copyright terms are common, allowing companies to artificially prolong ownership over works that should already be publicly accessible. That would not be possible in Brazil, where the law ensures that works are released to the public without legal obstacles after the protection period ends.
Another important aspect is Brazil’s legal emphasis on public interest and the social function of copyright—core principles in the country’s legal framework. Had this dispute occurred in Brazil, it could have been challenged on the grounds that the song’s widespread traditional use should outweigh narrow commercial interests.
Conclusion
The “Happy Birthday to You” case reminds us that the fight for fair copyright systems is essential for democratizing access to culture. If not for the court ruling, we might still be paying to sing one of humanity’s most iconic songs.
This episode also reinforces that copyright should not be used merely to maintain monopolies, but rather as a tool to strike a balance between rewarding creativity and ensuring public access to art and knowledge.
In Brazil, stricter limits on term extensions and renewals would have resolved this situation long ago. That model can serve as a reference to prevent abuse and ensure that protection for creators does not become a barrier to culture and collective access to important works.
After all, there’s nothing more reasonable than singing “Happy Birthday to You” without the fear of receiving an unexpected invoice.
Tanderson Danilo Schmitt Morales
Legal Coordinator of the Brazilian Book Chamber
Specialist in Copyright Law, Cultural Management
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The views expressed here are those of the author, and do not necessarily represent or reflect the views of NYCLA, its affiliates, its officers, or its Board.
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Parabéns a você, Dr Thanderson!