Copyright of “Happy Birthday to you” is Invalid
In a decision issued on September 22, 2015 Judge King ruled the copyright invalid, finding that though Summy Co. may have owned the copyright to “Good Morning to All,” it never had proper rights to the “Happy Birthday” lyrics.
The “Happy Birthday” song dates to late 19th century work by a schoolteacher named Patty Smith Hill and her sister Mildred Hill
The Hill sisters later assigned rights to a publishing company owned by Clayton Summy. Later, copyright registrations were made by Sumny’s company on “Happy Birthday.” Warner/Chappell has been contending that the 1935 registration covered both the piano arrangement as well as nearly universally known lyrics. The melody wasn’t in contention. Both sides agree it is now in the public domain.
