'Happy Birthday' Song May Enter Public Domain, Farewell 'For He's a Jolly Good Fellow'

If you're a big fan of bizarre restaurant birthday songs and "For He's a Jolly Good Fellow," you may feel a wave of sadness soon. After years of having a high licensing feel, the classic "Happy Birthday to You" song may enter the public domain.

A judge listened to arguments in a hearing about the rights of "Happy Birthday to You" versus its entrance into the public domain on Wednesday (July 29), The Los Angeles Times reports. Warner Music Group, who owns the rights to the track, is being sued by Good Morning to You Productions, which is making a documentary about the song everybody knows but few people know much about.

Warner Music Group wanted to charge Good Morning to You Productions $1500 for the use of the song, something the film company is challenging, citing a 1922 song book Everyday Song Book, which published the song and said it was in the public domain.

However, Warner Music Group claims that it bought the rights to the song in the 1980s and holds the right to charge for its use in films and in public places. For those not in the know about media law, that's why restaurants, stage productions, greeting cards, movies and TV shows use workaround songs, such as "For He's a Jolly Good Fellow" or a medley of their own creation.

"Happy Birthday to You" was originally written by sisters Mildred J. Hill and Patty Smith Hill, who penned the song as "Good Morning to You" in 1893 to sing to their kindergarten class. "Good Morning to You" eventually changed to the happy birthday song we all know and love.

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