"Happy birthday to you" is free from copyright.

"Happy birthday to you," the ditty sung around the world, belongs to the public, says the lawsuit and hence is free from copyright. The proposed plan action asks a federal court to declare the song to be in the public domain and that Warner/Chappel Music Inc, the music publishing arm of Warner Music Group, return millions of dollars of unlawful licensing fees it has collected for reproduction. The plaintiff is  Good Morning To You Production Corp, a New York company that says it is making a documentary about the song. Facing a penalty of $150,000 if it used "Happy Birthday" without permission, the company said it paid a $1500 licensing fee in march.Happy Birthday To You is believed to have been netting the company $2 million annually in a fees.The song was first published in 1893 as "Good Morning to All," and was written by sisters Patty and Mildred Hill. The public began singing the words yo "Happy Birthday To You" soon after.