05 Jul Who Owns the “Happy Birthday” Song? Lawsuit Says the Public

A filmmaker, balking at paying a royalty in a planned documentary on the famous “Happy Birthday” song, decided to sue Warner/Chappell Music, who says they own it. The filmmaker plans to make the suit a class action and demand return of millions of dollars in royalties paid over recent years by different folks using the song. The song, which first appeared in print in 1924, was originally noted as the second verse of another song called “Good Morning to You.” It is perhaps the #1 best known song in the world.

According to reports, the original copyright for the song would continue until 2030 following a variety of wide-ranging extensions granted by Congress. The plaintiff contends the copyrights have expired and the song is now in the public domain like famous songs such as “Take Me Out to the Ball Game” and “The Entertainer.” The Hill Sisters, who apparently originally wrote the song, seem to have sold it at some point. Anyway, it’s all rather confusing. By the way, though some think otherwise, neither Paul McCartney nor Michael Jackson have ever owned the song. Apparently Warner brings in over $2 million a year in royalties from HB, which they claim they acquired through a company they bought in 1998 for $25 million.

The music business is tough for sure. But we all know who ends up making out in these situations: the lawyers! If this guy wins then TV shows and movies won’t have to sing stupid other made up happy birthday songs so they don’t have to pay royalties..