In other words, there’s pretty damning conclusive evidence that “Happy Birthday” is in the public domain and the Clayton Summy company knew it. Even worse, this shows that Warner/Chappel has long had in its possession evidence that the song was at least published in 1927 contrary to the company’s own claims in court and elsewhere that the song was first published in 1935. We’ll even leave aside the odd “blurring” of the songbook, which could just be a weird visual artifact. This latest finding at least calls into question how honest Warner/Chappel has been for decades in arguing that everyone needs to pay the company to license “Happy Birthday” even as the song was almost certainly in the public domain.
It’s been reported for years that the company brings in somewhere around $2 million per year off of the song — and it’s looking like none of that money should have been paid.