NJ radio station tries to make ‘Happy Birthday’ free again

The song "Happy Birthday" may be the most popular song in the English language, according to the Guinness Book of World Records, but the use of it isn't free.

Originally composed as "Good Morning to You" by a pair of sisters in 1893 to teach to young children, the song was copyrighted in 1935, with the ownership of the intellectual property purchased by Warner Bros. in 1998. So while families can get away with singing it at birthday parties, any company or media outlet that tries to use the song must pay royalties to the copyright owner. That is until the song becomes public domain, but that won't be until at least 2030.

In an effort to circumvent the copyright issue entirely, a New Jersey radio station, with the help of the Free Music Archive, held a contest to choose a new "happy birthday" song that was public domain and free to use in any circumstance, according to Bloomberg Law. The radio station, with the help of a pair of judges – Harvard Law Professor Lawrence Lessig and Yo La Tengo's Ira Kaplan – eventually chose a song titled "It's your Birthday!" by Monk Turner and Fascinoma, out of the choices in the Free Music Archive.

According to Above the Law, each time the original song is used without permission, Warner Bros. is due $700. With a price tag that high, it should come to little surprise that the company takes in about $2 million per year in royalties for the song.

Even though "Happy Birthday" is a peculiar instance of a company's intellectual property being commonly used in public, it's always important for businesses to protect their copyrighted materials and to monitor how their assets are handled in public. Arizona companies seeking small business legal advice should make an effort to seek out a Phoenix business lawyer to make sure their copyright claims are protected.

Categorised in: Intellectual Property Law

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