IMSLP Forums

If the Hill sisters who originally composed Happy Birthday died prior to 1955, shouldn't Happy Birthday be in the Public Domain in Australia?

Copyright is automatic in Australia and I believe the Copyright for this song was registered by RR Forman and Preston Ware in America in 1935 and later extended. Would this affect the copyright Status of Happy Birthday in Australia?

This has been discussed in other forums, of which I can't find references quickly right now (except for the recent Copyright Request -- Myth of the pre-1923 public domain topic), but the Hill sisters didn't "compose" Happy Birthday. They put their lyrics on a pre-existing tune, so only the words were under copyright anyway.

How long these lyrics are under copyright vary from country to country depending on the copyright law in that country. In the US, I'm not sure how the Sonny Bono extensions affect the words to this, and maybe this was the reason for the extension of copyright. But unless Australia has its own laws that add extensions to the normal 50-year rule, this should be PD by now.

If not, humming, singing, or playing the tune on its own is OK, and everybody knows that you mean to imply Happy Birthday anyway.

But unless Australia has its own laws that add extensions to the normal 50-year rule, this should be PD by now.

It is50 years after the author's death if pre 1955 or 70 years if post 1955.

Unless there is something special, it is PD (if they did die prior to 1955).

The melody first appeared in an 1893 collection published in Chicago entitled Song Stories for the Kindergarten. It was composed by Mildred J. Hill (1859-1916), with a different text by Patty Smith Hill (1868-1946). The original title was Good Morning to All. The words and title Happy Birthday to You were added and published without authorization several times before being published with authorization by Clayton Summy in 1934 and 1935. I expect if one had enough money and lawyers, the originality of the words of the 1934/35 edition (the only thing under copyright in the USA) could be attacked with the possible result of it being at last public domain in the USA. As it stands now, the copyright will not expire (in the USA) until Jan. 1, 2031. It stands in the EU and other 70pma countries until Jan. 1, 2017. It's already free in Canada, 50pma countries and Australia. Any bankstas out there who have a spare million or so in bonus money they don't know what to do with?

Then ignore my post above -- I knew it was a pre-existing tune, but didn't realize it was their pre-existing tune.

Apologies.