📅This fact may be outdated
This fact was accurate until September 2015, when a federal judge ruled that Warner Chappell's copyright claim was invalid. The company settled the resulting lawsuit in February 2016 for $14 million and the song entered the public domain. Warner/Chappell had been earning approximately $2 million annually from licensing fees (not $1 million as stated), but this ended with the 2015 court decision.
Warner Chappel Music owns the copyright to the song 'Happy Birthday'. They make over $1 million in royalties every year from the commercial use of the song.
The $14 Million Birthday Party: How 'Happy Birthday' Became Free
For over 80 years, singing "Happy Birthday to You" in a restaurant, movie, or TV show came with a hefty price tag. Warner Chappell Music claimed ownership of the world's most recognizable song and raked in approximately $2 million every year from licensing fees. Want to use it in your indie film? That'll be $1,500, please.
Then in 2013, a documentary filmmaker named Jennifer Nelson decided she'd had enough. While making a film about the song's origins, she was hit with that same $1,500 fee. Instead of paying up, she sued—and uncovered one of the most lucrative copyright myths in history.
The Sisters Who Started It All
The melody traces back to 1893, when Kentucky kindergarten teacher Patty Hill and her sister Mildred composed "Good Morning to All" for Patty's students. They published it in a songbook with Chicago publisher Clayton F. Summy. The "Happy Birthday" lyrics appeared later, though no one knows exactly who wrote them or when they first appeared in print paired with the tune.
That ambiguity became crucial. In 1935, the Summy Company registered a copyright—but for what, exactly?
The $14 Million Smoking Gun
Nelson's lawyers dug through Warner Chappell's evidence and found the company couldn't prove it owned the rights to the lyrics. The 1935 copyright covered only specific piano arrangements, not the words everyone sings at birthday parties. On September 22, 2015, federal judge George H. King agreed: Warner Chappell's copyright claim was invalid.
The ruling opened the floodgates. Anyone who'd paid licensing fees could join a class-action lawsuit. In February 2016, Warner Chappell settled for $14 million, and "Happy Birthday to You" officially entered the public domain. Free. For everyone. Forever.
Who Got the Money?
The settlement didn't go to just anyone who'd ever sung the song at a restaurant. It compensated people and companies who'd actually paid licensing fees:
- Those who paid between 2009-2016 could recover up to 100% of their fees (capped at $6.25 million total)
- Those who paid between 1949-2009 could recover up to 15% of their fees
- Estimates suggest Warner Chappell collected over $50 million in total licensing fees during their decades-long claim
The real winners? Every filmmaker, restaurant owner, and TV producer who'll never have to write that check again. And every kid who just wanted to hear the song at their party without anyone worrying about copyright police.
Today, "Happy Birthday to You" is 100% free to use in any context—commercial or personal. The world's most-sung song finally belongs to the world.