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Who Wrote "Happy Birthday to You" (and Who's Collecting the Millions in Royalties)?

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“Happy Birthday to You” has been used in hundreds of movies, countless advertisements, an estimated 1,500,000+ singing telegrams, and been the basis for pieces by classical composers like Igor Stravinsky and Aaron Copland. It’s arguably the most recognized song in the English-speaking world, and it's making some lucky people a whole lot of money. But who?

The birthday staple originated as another song, "Good Morning to All,” written and composed by sisters Patty and Mildred Hill in 1893.

Patty was an early childhood educator who worked as a kindergarten teacher and principal in Kentucky. Her older sister, Mildred, was an accomplished pianist, organist, and composer. She also studied ethnomusicology before there was even a name for it, and is thought to have written (under a pseudonym) a pioneering journal article about African-American music that shockingly, but presciently, claimed that the melodies and themes of “Negro Music” would eventually give rise to distinctively American forms of music.

Patty often complained that the songs available for her students to sing in class were either too musically difficult for children or too mismatched in their musical style, lyrical content, and emotional tone. So, in 1889, she and Mildred started to collaborate on a number of songs for children, specifically ones tailored to the limited musical abilities of Patty’s young students.

One of their first efforts, "Good Morning to All” (GMTA), was, like the song it would morph into, deceptively simple. Crafting a melody that’s easy enough to be sung and remembered by kindergarteners is no small feat. At the same time, it’s still musically interesting within those constraints. The melody plays, repeats a step higher, repeats another step higher and then comes back down, in a frequently used theme that Leonard Bernstein compared to a three-stage rocket. It's got symmetry, it's got repetition, and it's got just enough variation to keep you on your toes. The same qualities that made, as Mildred might have predicted, the 12-bar blues form such a bedrock idea in American music.

Patty’s students instantly took to the song and sang it every morning. In 1893, the Hill sisters published it, and the rest of their songs, in the book Song Stories for the Kindergarten.

It’s not clear how the lyrics changed from “good morning” to “happy birthday." Supposedly, the children in Patty’s school so enjoyed the song that they began singing it spontaneously and changing the lyrics to suit their needs, and a birthday version naturally followed. While the rest of the Hills’ songs slid into obscurity, GMTA gained widespread popularity with the alternate birthday lyrics. The new version was published in songbooks, played on the radio, featured in the new “talkie” movies, and even used in Western Union’s first singing telegram (sent from a fan to Rudy Vallee).

That Sounds Familiar

In almost every one of these instances, the use of the music was uncredited and uncompensated. This went on for decades, with the Hill sisters none the wiser, until another of their sisters, Jessica, recognized the GMTA melody in a 1934 production of Irving Berlin's As Thousands Cheer. Patty and Jessica (Mildred had since passed away) filed a lawsuit alleging infringement of GMTA, but the case was eventually dismissed.

That same year, Jessica and Patty granted permission to the Clayton F. Summy Co., a Chicago-based music publisher, to use the GMTA melody. Summy printed sheet music and songbooks containing four instrumental versions of the melody and two versions of the GMTA melody combined with the “happy birthday” lyrics, titled “Happy Birthday to You" (HBTY). The company also filed for copyright on these six arrangements, all ascribing the songs as works for hire by composers employed by the company. In the following decades, the credits to HBTY became fairly confused, with the authors listed variously as Hill and Wilson, Hill and Dahnert, “traditional” and Hill and Hill.

In 1988, the Summy Company - which had since merged and become Summy-Birchard, and then became a division of Birchtree, Ltd. - was bought, along with its 50,000 songs, by Warner/Chappell Music, Inc. for a reported $25 million. Since then, the ownership of HBTY has changed pretty regularly because of corporate dealmaking, mergers, and sales. Not long after it acquired HBTY, Warner Communications merged with Time, Inc. to create Time Warner, the world’s largest media and entertainment conglomerate. A little over a decade later, Time Warner was itself purchased by America Online, creating AOL Time Warner. After a significant loss was declared on the corporation’s income statement amid the dot-com bubble burst, AOL was removed from the corporation’s title and eventually spun off as an independent company, with Time Warner keeping the music publishing and recording operations. These were eventually sold to a group of investors who reformed the Warner Music Group as a company separate from Time Warner, which was sold just last year to Access Industries Inc.

Birthday Money

Despite it being a relatively small drop in a stream of revenue coming in from thousands of properties, all of HBTY’s various owners have kept a tight grip on the song, insisting that any use of the melody and/or lyrics in public or for profit must result in a royalty check for them. From the song’s use in film, television, radio, or in a public performance (ever wonder why most restaurants have their own birthday songs instead of the real deal?), its owners have pulled in a decent amount of cash. In the late 1940s and early 1950s, the song generated $15,000 to $20,000 per year. Through the 1960s, it made closer to $50,000 annually, and over $75,000 during the 1970s. By the 1990s, the song was generating well over $1 million per year. In the last few years, WMG has pulled in over $2 million a year in royalties. It will continue to do so until the year 2030.

The original copyright was supposed to have expired long ago, but copyright extension legislation passed in the 1970s and the 1990s extended the copyright by almost a century, giving the song a whopping 137 years of protection after the melody was first written.

Who Gets the Money?

Neither Patty nor Mildred ever married or had children, so they established the Hill Foundation to receive income from royalties for the song. Under Time Warner ownership, two thirds of the revenue went to the company and the remaining third went to the foundation, which then passed it to the Hill sisters’ nephew, Archibald Hill. Archibald was a linguistics professor who reportedly used some of the money to subsidize the Linguistic Society of America in its leaner years. When he died in 1992, control of the foundation was given to the nonprofit Association for Childhood Education International, which spent years fighting in court to get its share of the royalties.

In the last few years, some legal minds - most famously Robert Brauneis, a Professor of Law and Co-Director of the Intellectual Property Law Program at George Washington University - have questioned the validity of the HBTY copyright and pointed out several issues with it in law journals, among them:

The Hill sisters’ melody, which is a work subject to its own copyright, bears a strong resemblance to several works that came before it, including some traditional folk songs.
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The words “Happy birthday to you, happy birthday to you, happy birthday dear (celebrant name), happy birthday to you” is another work subject to its own copyright, and its author is unknown. In her testimony in the suit against the Broadway show, Patty never claimed that she or her sister wrote the “happy birthday” lyrics or combined them with the tune of GMTA.
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The combination of the music and lyrics as HBTY is a derivative work and, again, subject to its own copyright. Brauneis argues that anyone claiming rights to the song can only make that claim if they can trace the work back to the author. No one can trace the song back any further than the Hills, who admittedly didn’t write the “Happy Birthday” lyrics, and who might have even copped the melody from another song.
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The original copyright on the song might never been renewed. Under the laws of the time, the song should have entered the public domain had it not been renewed at the end of the original term of copyright. Brauneis has only been able to find renewals filed for particular arrangements of the song, and doubts that they suffice to preserve copyright on the song itself.

There’s a strong case that HBTY shouldn’t be protected by copyright any longer, and T.G.I. Friday’s waitresses should be able sing it to patrons if they want. Who would be silly/brave enough to test this in court, though? The opposition would almost certainly have more lawyers and deeper pockets, but Brauneis points out that these weaknesses in the registration and renewal of HBTY have probably kept the song’s owners from being too lawsuit-happy with infringers.

“Any suit that [the owner] filed would be susceptible to a very early motion to dismiss based on the lack of any registration for the song,” Brauneis writes. “That motion could be decided without much discovery; if it were decided adversely to Summy-Birchard, the song would be in the public domain due to the defective renewal, and the entire stream of income from the song would dry up – a very big risk to take just to enforce against one infringer.”

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Big Questions
Why Do Cats 'Blep'?
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As pet owners are well aware, cats are inscrutable creatures. They hiss at bare walls. They invite petting and then answer with scratching ingratitude. Their eyes are wandering globes of murky motivations.

Sometimes, you may catch your cat staring off into the abyss with his or her tongue lolling out of their mouth. This cartoonish expression, which is atypical of a cat’s normally regal air, has been identified as a “blep” by internet cat photo connoisseurs. An example:

Cunning as they are, cats probably don’t have the self-awareness to realize how charming this is. So why do cats really blep?

In a piece for Inverse, cat consultant Amy Shojai expressed the belief that a blep could be associated with the Flehmen response, which describes the act of a cat “smelling” their environment with their tongue. As a cat pants with his or her mouth open, pheromones are collected and passed along to the vomeronasal organ on the roof of their mouth. This typically happens when cats want to learn more about other cats or intriguing scents, like your dirty socks.

While the Flehmen response might precede a blep, it is not precisely a blep. That involves the cat’s mouth being closed while the tongue hangs out listlessly.

Ingrid Johnson, a certified cat behavior consultant through the International Association of Animal Behavior Consultants and the owner of Fundamentally Feline, tells Mental Floss that cat bleps may have several other plausible explanations. “It’s likely they don’t feel it or even realize they’re doing it,” she says. “One reason for that might be that they’re on medication that causes relaxation. Something for anxiety or stress or a muscle relaxer would do it.”

A photo of a cat sticking its tongue out
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If the cat isn’t sedated and unfurling their tongue because they’re high, then it’s possible that an anatomic cause is behind a blep: Johnson says she’s seen several cats display their tongues after having teeth extracted for health reasons. “Canine teeth help keep the tongue in place, so this would be a more common behavior for cats missing teeth, particularly on the bottom.”

A blep might even be breed-specific. Persians, which have been bred to have flat faces, might dangle their tongues because they lack the real estate to store it. “I see it a lot with Persians because there’s just no room to tuck it back in,” Johnson says. A cat may also simply have a Gene Simmons-sized tongue that gets caught on their incisors during a grooming session, leading to repeated bleps.

Whatever the origin, bleps are generally no cause for concern unless they’re doing it on a regular basis. That could be sign of an oral problem with their gums or teeth, prompting an evaluation by a veterinarian. Otherwise, a blep can either be admired—or retracted with a gentle prod of the tongue (provided your cat puts up with that kind of nonsense). “They might put up with touching their tongue, or they may bite or swipe at you,” Johnson says. “It depends on the temperament of the cat.” Considering the possible wrath involved, it may be best to let them blep in peace.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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Big Questions
What Is Foreign Accent Syndrome?
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One night in 2016, Michelle Myers—an Arizona mom with a history of migraines—went to sleep with a splitting headache. When she awoke, her speech was marked with what sounded like an British accent, despite having never left the U.S. Myers is one of about 100 people worldwide who have been diagnosed with Foreign Accent Syndrome (FAS), a condition in which people spontaneously speak with a non-native accent.

In most cases, FAS occurs following a head injury or stroke that damages parts of the brain associated with speech. A number of recent incidences of FAS have been well documented: A Tasmanian woman named Leanne Rowe began speaking with a French-sounding accent after recovering from a serious car accident, while Kath Lockett, a British woman, underwent treatment for a brain tumor and ended up speaking with an accent that sounds somewhere between French and Italian.

The first case of the then-unnamed syndrome was reported in 1907 when a Paris-born-and-raised man who suffered a brain hemorrhage woke up speaking with an Alsatian accent. During World War II, neurologist Georg Herman Monrad-Krohn compiled the first comprehensive case study of the syndrome in a Norwegian woman named Astrid L., who had been hit on the head with shrapnel and subsequently spoke with a pronounced German-sounding accent. Monrad-Krohn called her speech disorder dysprosody: her choice of words and sentence construction, and even her singing ability, were all normal, but her intonation, pronunciation, and stress on syllables (known as prosody) had changed.

In a 1982 paper, neurolinguist Harry Whitaker coined the term "foreign accent syndrome" for acquired accent deviation after a brain injury. Based on Monrad-Kohn's and other case studies, Whitaker suggested four criteria for diagnosing FAS [PDF]:

"The accent is considered by the patient, by acquaintances, and by the investigator to sound foreign.
It is unlike the patient’s native dialect before the cerebral insult.
It is clearly related to central nervous system damage (as opposed to a hysteric reaction, if such exist).
There is no evidence in the patient’s background of being a speaker of a foreign language (i.e., this is not like cases of polyglot aphasia)."

Not every person with FAS meets all four criteria. In the last decade, researchers have also found patients with psychogenic FAS, which likely stems from psychological conditions such as schizophrenia rather than a physical brain injury. This form comprises fewer than 10 percent of known FAS cases and is usually temporary, whereas neurogenic FAS is typically permanent.

WHAT’S REALLY HAPPENING?

While scientists are not sure why certain brain injuries or psychiatric problems give rise to FAS, they believe that people with FAS are not actually speaking in a foreign accent. Instead, their neurological damage impairs their ability to make subtle muscle movements in the jaw, tongue, lips, and larynx, which results in pronunciation that mimics the sound of a recognizable accent.

"Vowels are particularly susceptible: Which vowel you say depends on where your tongue is in your mouth," Lyndsey Nickels, a professor of cognitive science at Australia's Macquarie University, wrote in The Conversation. "There may be too much or too little muscle tension and therefore they may 'undershoot' or 'overshoot' their target. This leads to the vowels sounding different, and sometimes they may sound like a different accent."

In Foreign Accent Syndromes: The Stories People Have to Tell, authors Nick Miller and Jack Ryalls suggest that FAS could be one stage in a multi-phase recovery from a more severe speech disorder, such as aphasia—an inability to speak or understand speech that results from brain damage.

People with FAS also show wide variability in their ability to pronounce sounds, choose words, or stress the right syllables. The accent can be strong or mild. Different listeners may hear different accents from the speaker with FAS (Lockett has said people have asked her if she's Polish, Russian, or French).

According to Miller and Ryalls, few studies have been published about speech therapy for treating FAS, and there's no real evidence that speech therapy makes a difference for people with the syndrome. More research is needed to determine if advanced techniques like electromagnetic articulography—visual feedback showing tiny movements of the tongue—could help those with FAS regain their original speaking manner.

Today, one of the pressing questions for neurologists is understanding how the brain recovers after injury. For that purpose, Miller and Ryalls write that "FAS offers a fascinating and potentially fruitful forum for gaining greater insights into understanding the human brain and the speech processes that define our species."

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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