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Happy Birthday Song Copyright: What You Need To Know In 2023

Written by Juan Stafford May 09, 2023 · 3 min read
Happy Birthday Song Copyright: What You Need To Know In 2023

A: Yes, you can now sing the "Happy Birthday" song in most situations without fear of legal repercussions. However, if you plan on using the song in a commercial setting, such as in a restaurant jingle or on a TV commercial, you may need to obtain permission from the copyright holder.

Table of Contents

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Introduction

For years, the "Happy Birthday" song has been a staple at birthday parties, but did you know that the song is actually copyrighted? In 2023, there are still many questions surrounding the copyright of the song, including who owns it and how it can be used. In this article, we'll explore the ins and outs of the "Happy Birthday" song copyright.

History of the "Happy Birthday" Song

The "Happy Birthday" song was written in 1893 by two sisters, Mildred and Patty Hill. Originally titled "Good Morning to All," the song was meant to be sung in classrooms to start the day off on a positive note. Over time, the lyrics were changed to "Happy Birthday to You" and the song became synonymous with birthday celebrations.

Who Owns the Copyright?

The copyright to the "Happy Birthday" song was originally owned by Clayton F. Summy Company, who acquired the rights from the Hill sisters. In 1988, Warner/Chappell Music purchased the company and with it, the rights to the song. However, in 2015, a federal judge ruled that the copyright was invalid, as the original copyright only covered specific arrangements of the song, not the lyrics themselves.

How Can the Song be Used?

Since the copyright ruling in 2015, the "Happy Birthday" song can now be used freely in most situations. However, if you plan on using the song in a commercial setting, such as in a movie or on television, you may still need to obtain permission from the copyright holder. It's always best to err on the side of caution and seek legal advice before using the song in a commercial capacity.

FAQs

Q: Can I sing the "Happy Birthday" song at a restaurant without getting in trouble?

A: Yes, you can now sing the "Happy Birthday" song in most situations without fear of legal repercussions. However, if you plan on using the song in a commercial setting, such as in a restaurant jingle or on a TV commercial, you may need to obtain permission from the copyright holder.

Q: Can I use the "Happy Birthday" song in a YouTube video?

A: Yes, you can use the "Happy Birthday" song in a YouTube video without getting in trouble. However, if you plan on monetizing the video, such as through ads, you may need to obtain permission from the copyright holder.

Q: Can I make my own version of the "Happy Birthday" song?

A: Yes, you can make your own version of the "Happy Birthday" song, as long as it's different enough from the original to avoid copyright infringement. However, if you plan on using any of the original lyrics or melody, you may need to obtain permission from the copyright holder.

Q: Is the "Happy Birthday" song still relevant in 2023?

A: Absolutely! The "Happy Birthday" song is a timeless classic that will always be a part of birthday celebrations. While there may be new songs and trends that come and go, the "Happy Birthday" song will always have a special place in our hearts.

Conclusion

In 2023, the "Happy Birthday" song copyright is still a topic of discussion. While the copyright ruling in 2015 made the song available for most uses, it's always best to seek legal advice before using the song in a commercial capacity. Regardless of its legal status, the "Happy Birthday" song will always be a beloved part of birthday celebrations.
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