'Happy Birthday' ruled to be in public domain

The music publishing company that has been collecting royalties on the song Happy Birthday To You for years does not hold a valid copyright on the lyrics to the tune that is one of the mostly widely sung in the world, a US federal judge ruled on Tuesday.

US District Judge George H. King determined the song's original copyright, obtained by the Clayton F. Summy Co from the song's writers, only covered specific piano arrangements of the song and not its lyrics. The basic tune of the song, derived from another popular children's song, Good Morning to All, has long been in the public domain.

King's decision comes in a lawsuit filed two years ago by Good Morning To You Productions Corp, which is working on a documentary film tentatively titled Happy Birthday. The company challenged the copyright now held by Warner/Chappell Music Inc, arguing that the song should be "dedicated to public use and in the public domain".