Judge Overturns 1935 Copyright Law on the "Happy Birthday" Song

The most famous song in the English language is now free to sing.

Not Available Lead
Complex Original

Image via Complex Original

Not Available Lead

"Happy Birthday" is easily the most famous song in the English language. Since 1935, Warner/Chappell has owned the copyrights to the song and was paid each time it was sung commercially—in movies or television. This included everything from Amy Winehouse singing it in the posthumous Amy documentary to Lana Del Rey's "National Anthem" video, earning the label an annual $2 million dollar profit, according to The Atlantic. In a 43-page ruling ordered today, the chief U.S. District judge for the Central District of California has ruled the song to be in public domain.

"Because Summy Co. never acquired the rights to the Happy Birthday lyrics, Defendants, as Summy Co.’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics," Judge George H. King wrote.

The ruling is the result of a lawsuit filed in 2013 by filmmaker Jennifer Nelson who was working on a documentary detailing the song's history, according to Billboard.  A songbook uncovered from 1922 that included the song predated its 1935 copyright. Yesterday, a judge agreed—meaning that no one will have to pay to feature "Happy Birthday" in movies and television shows. You can hear the full history of the song in a new interview at NPR

Latest in Music