MUMBAI: A New York based film company is taking on the might of major label Warner Music Group to make the ever popular ‘Happy Birthday’ free for all to sing.

The film-makers have filed a suit asking for the song to be declared in the public domain and for the return of the licensing fees that Warner- which apparently owns the copyright-  has claimed over the years. The rights are held by Warner/Chappell Music, the publishing arm of the Warner Music Group.

The suit comes after Good Morning To You Productions Corp, a New York company says it is making a documentary about the song. After being told that unauthorized use would cost $150,000, Good Morning To You Productions Corp paid a $1,500 licensing fee in March. Now it is trying to get it back and make the song free for all.

Happy Birthday to You is believed to have been netting the company $2 million a year in fees, report said.

The ‘world’s most famous song’ in English was first published in 1893 as ‘Good Morning to All’, and was apparently written by sisters Patty and Mildred Hill. The better-known lyrics – which may or may not have been written by the sisters – emerged soon after.

A set of ‘Happy Birthday’ lyrics was published in 1924, and a piano arrangement in 1935; and, because works published after 1923 carry 95 years’ protection, Warner unit Warner/Chappell (which bought the copyright in 1998) has been able to pursue licensing fees. The European copyright for Happy Birthday to You is set to expire in 2016, Warner's copyright is due to remain in place in the US until at least 2030.

Good Morning To You Productions argues that evidence dating to 1893 helps show the song's copyright expired around 1921.

The film-makers claim that they have ‘irrefutable evidence that the song was, in fact, in circulation as early as 1901, and that an Indiana school filed for copyright in 1912. If Warner owns the rights to anything, they say, it’s only the specific piano arrangement published in 1935.’

“More than 120 years after the melody to which the simple lyrics of Happy Birthday to You is set were first published, defendant Warner/Chappell boldly, but wrongfully, insists that it owns the copyright to Happy Birthday to You, and with that copyright the exclusive right to authorize the song’s reproduction, distribution, and public performances pursuant to federal law,” the suit read.

“Defendant Warner/Chappell either has silenced those wishing to record or perform Happy Birthday to You or has extracted millions of dollars in licensing fees from those unwilling or unable to challenge its ownership claims.”