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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 Love Scratching Furniture?
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Allergy suffering aside, cat ownership has proven health benefits. A feline friend can aid in the grieving process, reduce anxiety, and offer companionship.

The con in the cat column? They have no reservations about turning your furniture into shredded pleather. No matter how expensive your living room set, these furry troublemakers will treat it with the respect accorded to a college futon. Do cats do this out of some kind of spite? Are they conspiring with Raymour & Flanigan to get you to keep updating home decor?

Neither. According to cat behaviorists, cats gravitate toward scratching furniture mostly because that love seat is in a really conspicuous area [PDF]. As a result, cats want to send a message to any other animal that may happen by: namely, that this plush seating belongs to the cat who marked it. Scratching provides both visual evidence (claw marks) as well as a scent marker. Cat paws have scent glands that can leave smells that are detectable to other cats and animals.

But it’s not just territorial: Cats also scratch to remove sloughed-off nail tips, allowing fresh nail growth to occur. And they can work out their knotted back muscles—cramped from sleeping 16 hours a day, no doubt—by kneading the soft foam of a sectional.

If you want to dissuade your cat from such behavior, purchasing a scratching post is a good start. Make sure it’s non-carpeted—their nails can get caught on the fibers—and tall enough to allow for a good stretch. Most importantly, put it near furniture so cats can mark their hangout in high-traffic areas. A good post might be a little more expensive, but will likely result in fewer trips to Ethan Allen.

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
Who Was Chuck Taylor?
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From Betty Crocker to Tommy Bahama, plenty of popular labels are "named" after fake people. But one product with a bona fide backstory to its moniker is Converse's Chuck Taylor All-Star sneakers. The durable gym shoes are beloved by everyone from jocks to hipsters. But who's the man behind the cursive signature on the trademark circular ankle patch?

As journalist Abraham Aamidor recounted in his 2006 book Chuck Taylor, All Star: The True Story of the Man behind the Most Famous Athletic Shoe in History, Chuck Taylor was a former pro basketball player-turned-Converse salesman whose personal brand and tireless salesmanship were instrumental to the shoes' success.

Charles Hollis Taylor was born on July 24, 1901, and raised in southern Indiana. Basketball—the brand-new sport invented by James Naismith in 1891—was beginning to take the Hoosier State by storm. Taylor joined his high school team, the Columbus High School Bull Dogs, and was named captain.

After graduation, instead of heading off to college, Taylor launched his semi-pro career playing basketball with the Columbus Commercials. He’d go on to play for a handful of other teams across the Midwest, including the the Akron Firestone Non-Skids in Ohio, before finally moving to Chicago in 1922 to work as a sales representative for the Converse Rubber Shoe Co. (The company's name was eventually shortened to Converse, Inc.)

Founded in Malden, Massachusetts, in 1908 as a rubber shoe manufacturer, Converse first began producing canvas shoes in 1915, since there wasn't a year-round market for galoshes. They introduced their All-Star canvas sports shoes two years later, in 1917. It’s unclear whether Chuck was initially recruited to also play ball for Converse (by 1926, the brand was sponsoring a traveling team) or if he was simply employed to work in sales. However, we do know that he quickly proved himself to be indispensable to the company.

Taylor listened carefully to customer feedback, and passed on suggestions for shoe improvements—including more padding under the ball of the foot, a different rubber compound in the sole to avoid scuffs, and a patch to protect the ankle—to his regional office. He also relied on his basketball skills to impress prospective clients, hosting free Chuck Taylor basketball clinics around the country to teach high school and college players his signature moves on the court.

In addition to his myriad other job duties, Taylor played for and managed the All-Stars, a traveling team sponsored by Converse to promote their new All Star shoes, and launched and helped publish the Converse Basketball Yearbook, which covered the game of basketball on an annual basis.

After leaving the All-Stars, Taylor continued to publicize his shoe—and own personal brand—by hobnobbing with customers at small-town sporting goods stores and making “special appearances” at local basketball games. There, he’d be included in the starting lineup of a local team during a pivotal game.

Taylor’s star grew so bright that in 1932, Converse added his signature to the ankle patch of the All Star shoes. From that point on, they were known as Chuck Taylor All-Stars. Still, Taylor—who reportedly took shameless advantage of his expense account and earned a good salary—is believed to have never received royalties for the use of his name.

In 1969, Taylor was inducted into the Basketball Hall of Fame. The same year, he died from a heart attack on June 23, at the age of 67. Around this time, athletic shoes manufactured by companies like Adidas and Nike began replacing Converse on the court, and soon both Taylor and his namesake kicks were beloved by a different sort of customer.

Still, even though Taylor's star has faded over the decades, fans of his shoe continue to carry on his legacy: Today, Converse sells more than 270,000 pairs of Chuck Taylors a day, 365 days a year, to retro-loving customers who can't get enough of the athlete's looping cursive signature.

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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