On September 22, 2015, a judge ruled that the copyright to "Happy Birthday to You" was invalid, putting the song in the public domain. Many restaurants created their own birthday songs in large part to avoid legal trouble. Broadcasters in these situations were under strict orders NOT to sing it.
Some TV networks, for instance, clear songs on an individual basis, so if a host decided to serenade an audience member with "Happy Birthday," the station was on the hook, and ASCAP would send them a bill for pretty much any amount they deemed reasonable. A blanket deal with ASCAP means these venues could sing "Happy Birthday" as much as they'd like, but many outlets didn't have such a deal, which is where it got tricky. This is normally issued in the US by three companies: ASCAP, BMI and SESAC - The Hill Foundation is a member of ASCAP.Ĭompanies that are required by law to have performance licenses operate radio stations, TV stations, concert venues, and restaurants and other retail outlets over a certain size where music is played. When this song was under copyright (1949-2015), you could sing it at a birthday party without paying royalties, but anytime it was performed in public in front of a large gathering of people (like at a concert) or broadcast, a performance license was required. (In the case of Mildred, her estate was compensated, since she died in 1916.) The court agreed and gave the Hill sisters the copyright to "Happy Birthday To You" in 1934, which meant that anytime it was used in a movie, radio program, or other performance, the Mildred and Patty Hill were compensated. The Hill sisters were not compensated for use of "Happy Birthday To You," so their other sister Jessica filed suit to prove that "Happy Birthday To You" was their song with different lyrics. It was also used in the Irving Berlin musical As Thousands Cheer. Various movies and radio shows started using the song as a birthday greeting, and "Good Morning To You" morphed into "Happy Birthday To You." It was used in the 1931 Broadway musical The Band Wagon and was part of Western Union's first "singing telegram" in 1933.
It's unclear who wrote the words "Happy Birthday To You," but the lyrics first appeared in a songbook in 1922 as the optional third verse of "Good Morning to You" (listed as "Good Morning and Birthday Song") with the lyrics to "Happy Birthday" as the optional third verse, and instructions on how to insert the birthday child's name. After a while, it became more popular for kids to sing it to teachers, and the song became commonly known as "Good Morning To You," since the third line could be changed to fit the subject. Later in 1893, the song was published in the songbook Song Stories For The Kindergarten, and other schools started singing it. Patty added some lyrics and it became a song called "Good Morning to All," which was a way for teachers to greet students. In 1893, while Mildred was teaching at the Louisville Experimental Kindergarten School where her sister served as principal, she came up with the melody to this song.
Mildred, who was the older sister, studied music and became an expert on African American spirituals. Patty invented the "Patty Hill blocks" used in schools nationwide, and served on the faculty of the Columbia University Teachers College for thirty years. They both taught nursery school and/or kindergarten. This song was written by two sisters from Kentucky: Mildred Hill and Patty Hill.