14. “Happy Birthday to You”

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• The ubiquitous song "Happy Birthday to You" was the subject of a years-long legal battle over its copyright, which was ultimately ruled invalid, liberating the song into the public domain.  Copied to clipboard!
• The melody originated from the song "Good Morning to All," written by sisters Patty and Mildred Hill in 1893, but the copyright claim on the full "Happy Birthday to You" lyrics was successfully challenged by filmmaker Jennifer Nelson.  Copied to clipboard!
• Warner Communications aggressively enforced the copyright, earning an estimated $2 million per year in royalties by the late 1990s, leading to significant licensing fees for commercial use of the song.  Copied to clipboard!

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Sponsorship and Medical Breakthroughs

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• Key Takeaway: Yale New Haven Health integrates pioneering Yale School of Medicine research to redefine heart failure guidelines and detect microvascular disease.
• Summary: Medical breakthroughs enable important personal advancements, exemplified by Yale New Haven Health’s work. Their research has redefined international guidelines for treating heart failure. They also developed a new procedure for detecting coronary microvascular disease, which is often misdiagnosed in women.

T-Mobile 5G Home Internet Ad

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• Key Takeaway: T-Mobile claims the fastest 5G home internet based on Ookla Speed Test data, starting at $35/month.
• Summary: T-Mobile is advertised as having the fastest 5G home internet according to Ookla Speed Test results. The service is promoted at a price point starting at just $35 a month with autopay and a voice line. This price includes a five-year price guarantee.

Discovery of Copyright Issue

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(00:01:03)

• Key Takeaway: A reality TV producer discovered that the song “Happy Birthday to You” was copyrighted property requiring thousands in licensing fees.
• Summary: Jennifer Nelson, working on the show My Super Sweet 16, was mandated not to film anyone singing “Happy Birthday to You.” Upon investigation, she found the song belonged to a major music publisher, necessitating high licensing fees for its use.

Origin of the Song

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(00:02:45)

• Key Takeaway: The melody for “Happy Birthday to You” originated from the 1893 song “Good Morning to All” by the Hill sisters.
• Summary: ASCAP once called “Happy Birthday to You” the most popular song of the 20th century. Sisters Patty and Mildred Hill, based in Louisville, Kentucky, wrote “Good Morning to All” for kindergarten students. They copyrighted the sheet music in 1893 through publisher Clayton F. Summy.

Copyright Expansion and Royalties

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(00:04:06)

• Key Takeaway: The copyright expanded from the original 1893 sheet music arrangement to cover the lyrics when they were combined with the tune.
• Summary: By the 1930s, the melody was widely associated with the “Happy Birthday to You” lyrics. In 1935, the Summy Company registered new copyright claims, likely covering piano arrangements, which allowed them to charge for use. This became a gold mine, generating $75,000 annually by the 1970s.

Warner’s Enforcement and Fees

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(00:07:14)

• Key Takeaway: Warner aggressively enforced the copyright, charging large budget films up to $50,000 and forcing restaurants like Chuck E. Cheese to use alternative songs.
• Summary: Warner acquired the rights to the song in 1988 for $25 million, viewing it as the jewel of their catalog. Fees for commercial use were often negotiated based on the overall budget of the production. Anyone using the song for profit faced fees ranging from a few hundred to several thousand dollars.

CrowdStreet Investment Ad

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(00:08:32)

• Key Takeaway: CrowdStreet offers self-directed investors direct access to private market opportunities like real estate and private equity.
• Summary: The advertisement targets independent thinkers who prefer to make their own investment decisions. CrowdStreet provides vetted offerings, transparent data, and diligence summaries for private market access. The platform encourages extending independent thinking to investment choices.

Smilo Cancer Hospital Sponsorship

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(00:09:30)

• Key Takeaway: Smilo Cancer Hospital and Yale Cancer Center provide care utilizing targeted therapies based on genetic makeup and clinical trials.
• Summary: Personal breakthroughs are often supported by medical advancements, such as those from Smilo Cancer Hospital. They deliver pioneering research from the Yale Cancer Center, including genetic-based targeted therapies. Care is provided by multidisciplinary teams dedicated to specific cancer types.

ATT Business Wireless Ad

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(00:09:59)

• Key Takeaway: ATT Business Wireless improved mobile POS system transaction speed, eliminating awkward silences during checkout.
• Summary: Slow transactions on mobile POS systems previously led to awkward silences where customers might say unexpected things. With ATT Business Wireless, transactions are now completed quickly. This allows staff to focus on tasks and potentially secure extra sales.

The Lawsuit Against Warner

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(00:10:38)

• Key Takeaway: Jennifer Nelson filed a class action lawsuit against Warner, arguing the copyright claim on the lyrics was weak or non-existent.
• Summary: Nelson paid $1,500 to license the song for her documentary, Saving Happy Birthday, before challenging the copyright based on Robert Braunis’s research. The core legal question was whether the Hill sisters wrote the lyrics, which Warner claimed they did. The lawsuit was filed in 2013 on behalf of those who had paid licensing fees since 1949.

Legal Victory and Payouts

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(00:13:05)

• Key Takeaway: A federal judge invalidated Warner’s copyright in 2015, leading to Warner distributing $14 million to those who had paid for usage since 1949.
• Summary: The ruling effectively liberated “Happy Birthday to You” into the public domain. Claimants in the class action lawsuit received substantial payouts, with some receiving hundreds of thousands of dollars. Lawyer Randall Newman’s team was awarded over $4 million in fees, and he later helped liberate the gospel song “We Shall Overcome.”

Episode Credits and Outro

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(00:14:22)

• Key Takeaway: Jennifer Nelson received a check reimbursing the $1,500 she paid to license the song for her documentary.
• Summary: Zachary Crockett closed the episode, noting that Jennifer Nelson did receive her initial $1,500 licensing fee back via check. The episode was produced by Sarah Lilly and mixed by Jeremy Johnston. The segment ends with a brief, personalized singing of the song.

Sponsor Messages (Lunar New Year/IKEA)

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• Key Takeaway: Whole Foods Market promoted ingredients for Lunar New Year, while IKEA suggested creative solutions for home spaces like a ‘cozy retreat.’
• Summary: Whole Foods Market highlighted sales on Asian-inspired ingredients like fish and shrimp for Lunar New Year celebrations through February 24th. Kevin’s Natural Foods was mentioned for clean, protein-packed meals available in the refrigerated aisle. IKEA offered solutions for realizing dreams, such as furnishing a ‘cozy retreat’ with items like the Hofberg Ottoman.