Is the Happy Birthday Song Copyrighted?

Quick answer: In the United States, "Happy Birthday to You" has been treated as public domain since 2016, after a 2015 federal court ruling found the long-standing copyright claim on the lyrics invalid and the case settled. In the EU, protection based on the authors' lifetimes ended at the end of 2016. Other countries may differ. A specific recording can still be protected, and an original birthday song sidesteps the question entirely.

"Happy Birthday to You" is one of the most sung songs in the English language, and for most of the 20th century it was also one of the most famous examples of a copyrighted song. That is why so many restaurants have their own odd birthday chants, and why films often cut away before anyone sings.

This post is a short, plain-language history for anyone who has wondered whether they can use the song in a video, a performance or a product. It explains where the song came from, how the copyright claim began, what the court case decided, and what that means now. It is general information, not legal advice; laws differ by country. At the end, we explain why an original song, like one from the birthday song generator that sings their name, avoids the question altogether.

Timeline at a glance

1. 1893: Good Morning to All

   Sisters Mildred J. Hill and Patty Smith Hill, kindergarten teachers in Louisville, Kentucky, publish a classroom song with the now-familiar melody.

2. Early 1900s: the birthday words spread

   The birthday lyrics are sung to the tune and begin appearing in print in songbooks, without a clear named author.

3. 1935: copyright registered

   The Clayton F. Summy Company registers a copyright on an arrangement of the song with the birthday lyrics.

4. 1988: Warner/Chappell

   Through the purchase of the company that owned Summy, the music publisher Warner/Chappell acquires the rights and continues to collect licensing fees.

5. 2013 to 2015: the lawsuit

   Filmmakers making a documentary about the song sue, challenging the copyright. In 2015, a federal judge rules the 1935 registration did not cover the lyrics.

6. 2016: settlement and public domain

   The case settles. A court approves the settlement, and the song is treated as public domain in the US.

Where the song came from

The melody began life as "Good Morning to All," a greeting song for young children, published in 1893 in a songbook by Mildred J. Hill and Patty Smith Hill. Patty Hill was an influential kindergarten educator, and the song was meant to be simple enough for small children to sing on the first day.

The birthday version was not a single invention. By the early 1900s, people were singing birthday words to the same tune, and these lyrics appeared in various songbooks over the next decades. Historians and the court in the later case found no clear evidence of exactly who first wrote the birthday words, or when. That uncertainty turned out to matter a great deal.

How the copyright claim began

In 1935, the Clayton F. Summy Company, which had published the Hills' original songbook, registered a copyright for the song with the birthday lyrics. For about 80 years after that, the owners of that registration claimed the song was protected and charged licensing fees for public performances, such as in films, TV shows, commercials and stage productions.

In 1988, the company that owned Summy was bought, and the rights passed to Warner/Chappell Music, one of the largest music publishers. Warner/Chappell continued to license the song. Because nearly every film or show that wanted a birthday scene needed it, the song became famous as a profitable copyright.

This is why, for decades:

• Many restaurant chains wrote their own birthday songs for staff to sing at tables.
• Films and TV shows often avoided the song, used only a few notes, or cut away.
• Many people assumed you could be sued for singing it in public.

Private singing at home or at a party was never the issue. Copyright concerns public performance and reproduction, not a family singing around a cake.

The court case that changed it

In 2013, a documentary filmmaker making a film about the song was asked to pay a license fee to use it. She and others sued Warner/Chappell, arguing that the song should be in the public domain. The case is often referred to as Marya v. Warner/Chappell Music.

In September 2015, a federal judge in California ruled that the 1935 copyright registration covered only specific piano arrangements, not the birthday lyrics themselves, and that Warner/Chappell did not hold a valid copyright in the lyrics. In 2016, the parties settled. The court approved the settlement, and the song was treated as public domain in the United States, with Warner/Chappell agreeing to refund a substantial amount of past licensing fees.

The status in other countries

Copyright terms differ by country. Many countries protect works for the life of the author plus a number of years, often 70. Patty Hill died in 1946, and in the European Union the term tied to the authors ran out at the end of 2016, so the song is generally considered public domain there too.

Other countries use different terms and rules, and the status can depend on how local law treats uncertain authorship and the 1935 registration. If you are planning a commercial use outside the US and EU, such as a product, an ad or a broadcast, check local rules or ask a local professional. The overview of music licensing basics explains the general concepts, and is AI music copyrighted covers how copyright applies to newer forms of music.

Recordings are a separate question

A song (the composition: melody and lyrics) and a recording (a specific performance captured as audio) are protected separately. Even though the composition of "Happy Birthday to You" is now treated as public domain in the US, a particular recording by a particular artist is that artist's or label's sound recording.

In practice:

• Your own recording of you or your family singing it is yours to use.
• A recording by someone else (a famous version, a stock music track, a karaoke backing track) may be protected, and using it in your video may need permission.
• Platform matching systems on video sites compare audio against registered recordings. A new recording of a public domain song can occasionally be flagged if it closely resembles a registered recording. Avoid Content ID claims and what happens if you get a copyright claim cover how those systems work.

Common myths, sorted

"You could get sued for singing it at a party." Private singing among family and friends was never what the licensing covered. The fees applied to public performances and reproductions, such as films, broadcasts and commercial events.

"Waiters can't sing it because it's illegal." Restaurant songs grew out of caution about public performance fees when the copyright was still claimed. Since 2016, that reason no longer applies in the US, but many chains kept their own songs out of habit and branding.

"Public domain means any recording is free to use." Only the composition is public domain. A specific recording remains its maker's, as covered above.

"Changing a few words makes it a new song." A parody or new lyric set to the same melody still uses the melody. In the US that melody is public domain, so it is not a problem there, but changing words is not what makes a song original. New words and a new melody are.

"It's public domain everywhere." The US and EU positions are clear since 2016. Other countries may treat the song differently, especially for commercial use. When in doubt for a product or broadcast, check local rules.

Why an original song avoids the question

All of this history concerns one song. An original birthday song, with new lyrics and a new melody, does not inherit any of it. That is one reason MusicVivo writes an original song each time instead of putting a name into the traditional tune.

Practically, an original song also does things the traditional one cannot:

It is about the person. The traditional song is the same for everyone except the name. An original song can include their age, hobbies and stories; see how to write personal birthday song lyrics.

It has a style. Acoustic, soul, pop-punk, bolero. The traditional song is usually sung the same way.

It comes with clear terms. On MusicVivo, the Free plan is for personal use and paid plans include a commercial license. You know what you can do with it. Details are on pricing.

Of course, the two are not rivals. Most families still sing the traditional song at the cake, and then play the custom one. The traditional song is a shared ritual; the custom song is a gift. If you want a short custom song to play right after the candles, how long should a custom birthday song be suggests 30 to 60 seconds for that moment.

Restaurant songs and other habits that stuck

Even after 2016, many restaurants kept their own birthday songs. Some had built them into their brand, and others simply never changed the training. Films and shows also still sometimes avoid the song, partly from habit and partly because international rights can vary.

If you run a business that celebrates customers' birthdays, an original song is still a practical option: it is distinctive, it can carry your brand's tone, and its terms are clear. Note that using a song in a business context is a commercial use, which on MusicVivo requires a paid plan with a commercial license. For short branded songs, the jingle lyrics generator guide is a useful companion. For a team celebration inside a company, see birthday songs for coworkers and teams.

People also ask

Is Happy Birthday to You still copyrighted? In the US, no; it has been treated as public domain since 2016. In the EU, protection ended at the end of 2016. Other countries may differ.

Who wrote Happy Birthday to You? The melody comes from Good Morning to All (1893) by Mildred and Patty Hill. The author of the birthday words is uncertain.

Why did restaurants avoid singing Happy Birthday? For decades the owners collected licensing fees for public performances, so many chains created their own songs.

Can I use Happy Birthday in a YouTube video? In the US, your own new recording can generally be used. Someone else's recording may still be protected, and platform terms apply.

Does an AI-generated birthday song have the same issue? No. An original song is not the traditional one. Its use depends on the platform's terms.

Related reading

• How to make a happy birthday song with a name
• Custom songs for kids' birthday parties
• Is AI music copyrighted?
• Music licensing basics
• Royalty-free vs copyright-free
• How long should a custom birthday song be?

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