Tentative deal puts ‘Happy B’day’ song in public domain

You may soon be free to sing the popular “Happy Birthday to You” without being sued, after Warner Music Group and others who fought to hold the song’s copyright agreed to give up their claims under a proposed USD 14 million deal.

The tentative deal disclosed in court filings, offers up to $14 million for those who paid licensing fees to use the song.. The settlement is tentative pending approval by US District Judge George H. King.

If the judge signs off on the agreement, Warner/Chappell Music would no longer collect fees to use the song, which by some estimates brought the company as much as $2 million per year in royalties. The lawsuit was filed in 2013 by a group of filmmakers who believed the ubiquitous song should be in the public domain.

The tune, written in 1893 by Patty Smith Hill and her sister Mildred J. Hill was originally titled “Good Morning to All.” 

The sisters included it in a children’s music book and left the copyright with their publisher. At some point, the “Happy Birthday” lyrics were added. In 1988, Warner began collecting royalties for “Happy Birthday” after it purchased the company that had the copyright from the Hill sisters’ publisher.