The Birthday Song Copyright History

We’ve all heard the catchy jingles on television and radio. We hum or sing them long after they’ve aired. But we know those tunes belong to the likes of McDonald’s, Oscar Mayer, and State Farm. Right? As a business owner, the protection of intellectual property assets like branding, logos, and jingles is not only cost-effective and business-savvy, it can be big business. 

The Birth of the Birthday Song 

Take the example of the well-known “Happy Birthday to You” song. The tune was written in Louisville, Kentucky, by Patty Hill and her sister Mildred in 1893.  Mildred wrote the tune and Patty added kid-friendly lyrics to create a “Good Morning to All” song much loved by Patty Hill’s kindergarten class.  The song spread well beyond Kentucky and later, once the birthday lyrics were added, spread even further—and fast.  Years later, the Birthday Song appeared on Broadway in a scene in Irving Berlin’s music revue called As Thousands Cheered.  While the remainder of the revue included songs belonging to Berlin, this one scene was centered around the Birthday Song.  Patty Hill herself was said to have commented that the song was the collective property of the nation, but her family, and those who had previously paid fees to use the song (like Fox) disagreed.  The Hill family filed suit in 1934.  Once the lawsuit settled in 1935, the Hill family formally filed for registration of a copyright for the birthday lyrics.

The Birthday Song Copyright Earnings

In 1988, the Birch Tree Group sold the copyright to the Warner Music Group for a purported $25 Million.  The rights were reported to bring in somewhere near $2 Million per year in licensing fees.  At that time, it was believed the song would become public property, or part of the public domain, in 2010.  But a subsequent change in copyright law extended the life of the copyright through 2030.  Warner seemed set to collect its royalties for many years.

But in 2013, a group of filmmakers objected to paying a license fee to use the song in an upcoming film and filed suit against Warner.  When the judge in the lawsuit ruled the copyright to the song was invalid and declared the song part of the public domain, Warner settled, ultimately agreeing to pay $14 Million to a class of plaintiffs who had paid to use the song since 1949.  The settlement also included payment of $4.6 Million to the plaintiff’s lawyers.  Despite paying a hefty settlement, Warner’s ownership of the copyright for at least 25 years realized significant income.

Securing Copyright Protection and Other Intellectual Property Rights

Nowadays, copyrights can and do last many years.  However, the key is establishing those rights early by filing for copyright registration right away and demonstrating a clear timeline of ownership.  In fact, under the current version of the Copyright Act, one cannot recover statutory damages or attorneys’ fees unless one has filed and received a federal copyright registration.  And because the cost to file a copyright application is fairly small compared to other intellectual property, cost to file should not be an impediment to registering one’s rights early.

So, if your company creates a jingle—or a brand, logo, or catchphrase—do yourself a favor.  File for a registration of your intellectual property rights right away and monitor (and enforce) any infringing use of those rights by others.  For a minor cost and investment of your time, you can protect your company’s (or your own) rights for years to come.  And who knows, maybe yours will be the next Birthday Song. 

Key Takeaways on Copyright Protection

Copyright is inherent at the time of creation of a work, even without registration. However, as can be learned from the popularity of the Birthday Song, if a work grows quickly in popularity, having adequate intellectual property protections early is imperative and copyright registration is necessary because it:

• Is required to file a lawsuit to enforce rights against others;

• Provides public notice of the claimed rights; and

• Is required to obtain statutory damages and attorney’s fees.

For more information about copyright protection, see our Software & Copyrights and Industry Focused Legal Solutions pages.