History
In the mid-nineteenth century, two kindergarten schoolteachers in Louisville, KY made up a song called "Good Morning to all." The lyrics and tune were very simple. In 1893, they published the tune in their songbook called "Song Stories for the Kindergarten". Their students loved the song so much that they adapted it to birthday parties. In later years, the song "Happy Birthday to You" was published in many written works including a hymnbook for churches. It was in 1935 that the actually song that we use today was copyrighted.
Today
To this day, the Warner Music Company states that it deserves royalties. The song is estimated to be worth over five million dollars by now. However, this copyright does expire in 2030.
Many people, including myself, question the copyright. Since the first version of "Happy Birthday to You" was actually adopted by five and six year olds can they really copyright it later. According to the Warner Company, any restaurant, film or a large gathering that does not include mostly friends or family that includes singing "Happy Birthday to You" must pay royalties. Warner Company charges about $10,000 for the song to appear in a film. Because of this high cost, most films will not show the song being song in its entirety. Sometimes the singing of "Happy Birthday" is avoided but implied. In one documentary about Martin Luther King, Jr that was made in 1987, the copyright was enforced and the film could not be released until 2008.
This is just plain absurd. However, it does go to show you that anything and everything needs to be copyrighted. This shows the lasting influence that one class of young children and a couple of creative teachers can have. Therefore, if you are a teacher make sure to write things down. Many teachers come up their own version of songs for their students. Sometimes the simplest song will last over one hundred years.
So Next Time Be Careful Where You Sing This Song..... LoL......
Source: http://en.wikipedia.org/wiki/Happy_Birthday_to_You#Copyright_issues_and_public_performances