Film-makers suing music publisher Warner Chappell say they have found proof that the world’s most popular song Happy Birthday is not covered by copyright after all.

The song Happy Birthday has been under copyright to the publisher Warner Chappell for some years now and the publishing house jealously guard their right to royalties, which generate an estimated $2million a year from the Happy Birthday song. This explains why you rarely see or hear Happy Birthday being sung in films and on TV programmes.

Two years ago, film-makers working on a documentary about the song filed a lawsuit claiming the song should not be under copyright, after being told they would have to pay $1,500 to use it in their film. Director Jennifer Nelson has been seeking a refund of the royalties paid to Warner Chappell and is also representing a class of plaintiffs who have also been charged for using the Happy Birthday song. Lawyers representing Jennifer Nelson’s Good Morning to You Productions have found a songbook from 1927 containing Happy Birthday, with no copyright notice, predating Warner Chappell’s copyright by eight years.

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