No royalties payable on "Happy Birthday" song, US judge rules

The company claiming to own copyright in the song "Happy Birthday To You" has lost a claim for royalties before a US federal judge has ruled.

Warner/Chappell claimed it had acquired the copyright in 1988 to the song, sung to a tune composed by sisters Mildred and Patty Hill in 1893. However Judge George King ruled that the original copyright, filed in 1935, was only for specific arrangements of the music.

The Hill sisters called their composition "Good Morning To All". It evolved into the popular birthday song.

Warner/Chappell, which is thought to make about $2m a year by charging royalties when the song is used in a film, television programme or other public performance, was challenged by two people, Rupa Marya and Robert Siegel, who are making a film about the song, which they argued, on the basis of "exhaustive historical research", was in the public domain and not subject to copyright fees.

Judge King agreed with their case and ruled that the sisters had never given any rights to the lyrics to the company through whom Warner/Chappell claimed title.

Further proceedings will take place to determine whether Warner/Chappell will have to repay all the royalty money collected since 1988. The company said it was considering the ruling.

However it remains possible that some rights could exist in the song itself, in the UK and elsewhere.