It went on to state that if Warner has any claim to the song it’s specifically to the piano arrangement it bought from Birch Tree in 1935. "Irrefutable documentary evidence, some dating to 1893, shows that the copyright to ‘Happy Birthday to You,’ if there ever was a valid copyright to any part of the song, expired no later than 1921.” Nelson’s company, Good Morning to You Productions Corp, claimed: Meaning free for anyone to use for any purpose. This led her to file a lawsuit in June 2013 seeking the court to declare that the song is in the public domain. To her surprise the song wasn't free, and to use it legally Warner was going to charge her $1,500. Jennifer Nelson has been making a documentary about the “Happy Birthday” song since 2013. However, a filmmaker recently brought a lawsuit in a New York court that may change everything. In 1988, Warner Music Group acquired the song from Birch Tree for around $25 million. The total budget for the film was around $700,000. It was a major feat for the film’s subject, as he and his family lived in a section of Chicago with a high murder rate. For the classic 1994 documentary " Hoop Dreams," filmmaker Steve James said he paid $5,000 for use of the song in a scene where one of his main characters celebrates his 18th birthday. Movies and TV shows that feature a birthday party get around the fee by never completing the song (someone will come in and interrupt the singing), by singing “For He’s A Jolly Good Fellow” (which is in the public domain), or by just not singing at all when it’s cake time.īut some filmmakers do pay the fee because they feel it’s important for the song to be featured. It’s owned by Warner Music Group, and for decades they have charged a license fee for the use of the song and rake in around $2 million a year in fees. That’s right, the song that Guinness World Records in 1998 called the most recognized in the English language is under copyright. There’s a simple reason - it costs a lot of money to use it. Ever wonder why you rarely hear the “Happy Birthday” song in movies and TV shows?
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