Copyright on “Happy Birthday” has been thrown out by U.S judge

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It’s the most recognizable song in the English language, sung in households around the world every day of the year. But for those in the music and film industry, “Happy Birthday to you” is only now worth celebrating.

“Happy Birthday to you” is a celebration staple, unless you’re in the entertainment industry. Until now, if you wanted to use the 132 year old tune, you’d have to pay royalties. Originally titled “Good Morning To All”, the music was penned by Patty and Mildred Hill in 1883. Warner Chappell owns the rights, and have been cashing in. The song is estimated to have earned $50 million since its creation.

But a U.S federal judge has now thrown out the copyright claim. Head of legal services at SOCAN, Gilles Daigle says in part because there is little proof of who wrote the lyrics, and in the U.S, a copyright claim ends 70 years after the author’s death.

“If we don’t know who the author of the lyrics was, how can we establish when that author died and start the countdown?”

But the ruling doesn’t mean the happy birthday blackout is over just yet. Warner Chappell could appeal.