Happy Birthday to Shhhh! Alternatives to That Song

Photograph by Thomas Chadwick
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If today is your birthday, please try to avoid public places where anyone might put you in legal jeopardy with an unfortunate chorus of a certain very familiar tune. As a lawsuit filed this week reminds us, the standard celebratory song used by Americans on such occasions is somehow held under copyright.

Think about it: “Happy Birthday to You” is one of those universally known ditties that somehow never manages to be heard in movies or TV shows, even when the plot involves a birthday. Why? Entertainment companies have long bowed to the litigious might of Warner Music Group, whose publishing unit claims to own rights to the song and seeks payment for any use. Those payments led to a lawsuit in which a New York-based filmmaker seeks to move the famed birthday song into the public domain, allowing its future use free of charge.