# "Happy Birthday" copyright status **URL:** \ **Category:** Cecil's Columns/Staff Reports\ **Created:** [June 10, 2000, 9:19pm UTC](https://boards.straightdope.com/t/happy-birthday-copyright-status/21975 "2000-06-10T21:19:35Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\ **Post date:** [June 10, 2000, 9:19pm UTC](https://boards.straightdope.com/t/happy-birthday-copyright-status/21975/1 "2000-06-10T21:19:35Z")
I searched the archives about 6 or 8 ways and could not find this column. It was in _The Straight Dope_ on page 323. According to that column, the song “Happy Birthday to You” was to have its copyright expire in 1996. But somewhere around that time, Congress, in its infinite (lack of) wisdom, extended copyrights by 25 more years. I thought this extension only applied to those expiring after 1996, but I could be wrong. Does anyone know the actual copyright status of this song? Oh yes, exactly why did Congress extend the copyrights? I’d heard that it was because there were a number of important Disney copyrights due to expire soon, but Disney Inc. convinced them to give them some more time. ---
**Author:** ![Morgan](https://avatars.discourse-cdn.com/v4/letter/m/0ea827/32.png) [@Morgan](https://boards.straightdope.com/u/Morgan)\ **Post date:** [June 13, 2000, 2:31am UTC](https://boards.straightdope.com/t/happy-birthday-copyright-status/21975/2 "2000-06-13T02:31:07Z")
From ASCAP’s web page: > [@](#): > > The writers of “Happy Birthday to You,” sisters Mildred and Patty Hill, were kindergarten and Sunday school teachers in Louisville, Kentucky during the 1890’s and later taught at Columbia University in New York City. The song was originally written as “Good Morning to You.” With the later addition of the birthday lyrics, the song was copyrighted as “Happy Birthday to You” in 1935. Published by Warner-Chappell, it is almost universally recognized as the official birthday song, and continues to be used extensively in films, television and theater. The Happy Birtday copyright won’t expire until the year 2030. (1935 + 28 year original term + 47 year renewal + 20 year extension) As of 1996, it brought in $2M/year. ---
**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\ **Post date:** [June 13, 2000, 6:42am UTC](https://boards.straightdope.com/t/happy-birthday-copyright-status/21975/3 "2000-06-13T06:42:28Z")
Aha! It looks like a clear case of “Cecil wuz wrong”. But I thought copyrights lasted for the life of the author + 75 years (formerly 50 years), although it’s possible that that only applies to things copyrighted after a certain date. Who knows the straight dope on copyright laws? ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [June 13, 2000, 6:16pm UTC](https://boards.straightdope.com/t/happy-birthday-copyright-status/21975/4 "2000-06-13T18:16:43Z")
Life of the author + 75 years only applies to copyrights applied for under the 1978 Copyright Act (I believe that’s the year). “Happy Birthday to You” falls under the jurisdiction of the old Copyright Act, which had all sorts of arcane rules about putting the mark on the item and renewing the copyright. Morgan’s post is correct. A good copyright site is [http://www.benedict.com](http://www.benedict.com) You can also poke around the Library of Congress website > **[Home | Library of Congress](https://www.loc.gov/)** > > The world’s largest library. View historic photos, maps, books and more. Contact experts for help with research. Plan a visit. Home of U.S. Copyright Office. ---
**Author:** ![Morgan](https://avatars.discourse-cdn.com/v4/letter/m/0ea827/32.png) [@Morgan](https://boards.straightdope.com/u/Morgan)\ **Post date:** [June 13, 2000, 6:41pm UTC](https://boards.straightdope.com/t/happy-birthday-copyright-status/21975/5 "2000-06-13T18:41:21Z")
I just taught a seminar that included this issue. The copyright terms have been extended by 20 years. I’ll reproduce some of my materials below (reformatted for the board). BTW, BobT is referring to the 1976 Act, which became effective on 1978. The dates below include the 20 year extension. **_Relevant Date_ . . .Protected From . . . . . .Term** _Published before 1923_ . . .In Public Domain . . . . . .None _Published 1923-1963_ . . .When Published with Notice . . . . . .28 years + possible renewal of 67 years. If no renewal, now in public domain _Published 1964-1977_ . . .When Published with Notice Automatic renewal. . . . . . .Total of 95 years. _Published 1978 -3/1/89_ . . .1978, if (a) Published with Notice or (b) registration made within 5 years . . . . . .Life + 70 years or 12-31-2047, whichever is greater _Published 3/1/89 - at least 12-31-2002, longer if it is still protected(see next entry)_ . . .1978 . . . . . .Life + 70 years or 12-31-2047, whichever is greater _Not Published_ . . .1978 . . . . . .Life + 70 years or 12-31-2002, whichever is greater _Created 1978 or after_ . . .When work is fixed in tangible medium . . . . . .Life + 70 (measured by life of longest surviving author), or, if corporate authorship, the lesser of 95 years from publication or 120 years from creation.