Is Happy Birthday Copyrighted? Digging into the Facts and Exceptions
Hey Readers!
Welcome to our comprehensive guide to the copyright status of the iconic tune, "Happy Birthday." In this article, we’ll explore the legal intricacies surrounding this beloved song, examining its history, protection, and usage exceptions.
A Brief History of Happy Birthday
"Happy Birthday to You" was originally composed by two sisters, Patty and Mildred Hill, in 1893. The song was initially intended for use in kindergarten classrooms, with the lyrics "Good Morning to All." In 1893, the sisters sold the rights to the song to Clayton F. Summy Co., which copyrighted it in 1893.
Copyright Protection of Happy Birthday
The copyright for "Happy Birthday to You" expired in the United States in 1990, 50 years after the death of the last surviving composer, Mrs. Mildred Hill. This means that the song is now in the public domain and can be freely used and performed without obtaining permission or paying royalties.
However, it’s important to note that the original piano arrangement of the song remains under copyright until 2030. This means that if you want to use the specific piano arrangement that was published in 1893, you will need to obtain permission from Warner Chappell Music, Inc., the current copyright holder.
Exceptions to Copyright
There are a few exceptions to the copyright protection of "Happy Birthday to You" that allow its use without permission or payment of royalties:
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Non-Commercial Use: If you are using the song for non-commercial purposes, such as singing it at a birthday party or in a school choir, you can use it without permission.
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Fair Use: The fair use doctrine allows limited use of copyrighted material for educational, research, or critical purposes. In certain cases, this may allow you to use "Happy Birthday to You" without permission, but it’s important to consider the specific circumstances and the amount of the song being used.
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Parody: Parodies of "Happy Birthday to You" that create a new work with a different meaning or purpose may be considered fair use and not infringe on the copyright.
Table of Copyright Status
| Use | Copyright Status |
|---|---|
| Original piano arrangement (1893) | Under copyright until 2030 |
| Lyrics | Public domain since 1990 |
| Non-commercial use of lyrics | Allowed without permission |
| Commercial use of lyrics | May require permission and payment of royalties |
| Fair use of lyrics | Allowed in limited circumstances |
| Parody of lyrics | May be considered fair use |
Conclusion
The copyright status of "Happy Birthday to You" can be a complex issue, but it’s important to understand the basics to ensure proper use. While the lyrics are now in the public domain, the original piano arrangement remains under copyright. Non-commercial use and fair use exceptions may allow you to use the song without permission, but it’s always a good idea to consult with an attorney if you have any questions or concerns.
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FAQ about "Is Happy Birthday Copyrighted"
Is "Happy Birthday to You" copyrighted?
Yes, "Happy Birthday to You" was copyrighted in the United States in 1893.
Who holds the copyright to "Happy Birthday to You"?
The copyright is currently held by Warner Chappell Music, a subsidiary of the Warner Music Group.
How long is the copyright for "Happy Birthday to You"?
The original copyright expired in 1970. However, Warner Chappell Music acquired the rights to the song in the 1930s and extended the copyright by registering it as a "renewal copyright." This renewal copyright is set to expire in 2030.
Is it illegal to sing "Happy Birthday to You"?
In most cases, no. If you sing "Happy Birthday to You" in a private or non-commercial setting, it is considered a "fair use" of the copyrighted material.
When is it not legal to sing "Happy Birthday to You"?
It is illegal to sing "Happy Birthday to You" in public or commercial settings without obtaining a license from Warner Chappell Music. This includes using the song in movies, TV shows, commercials, and other commercial contexts.
How much does it cost to license "Happy Birthday to You"?
The cost of licensing "Happy Birthday to You" varies depending on the intended use. For example, it may cost a few hundred dollars to license the song for use in a movie, but thousands of dollars to use it in a commercial.
Are there any exceptions to the copyright?
Yes. In 2016, a federal judge ruled that the "Happy Birthday to You" lyrics are in the public domain. However, the piano accompaniment for the song remains copyrighted.
How can I avoid copyright infringement?
If you want to use "Happy Birthday to You" in a public or commercial setting, contact Warner Chappell Music to obtain a license. Alternatively, you can use one of the many public domain songs or melodies that are available.
What are the consequences of copyright infringement?
Copyright infringement can lead to legal action, including fines or jail time. However, there is a "de minimis" rule that allows for some limited use of copyrighted material without permission.
What is the future of the "Happy Birthday to You" copyright?
The copyright for "Happy Birthday to You" is set to expire in the United States in 2030. Once the copyright expires, the song will enter the public domain and anyone will be free to use it without permission.
