Ashcroft in 2003, and Associate Justice Stephen Breyer specifically mentioned 'Happy Birthday to You' in his dissenting opinion. The Supreme Court upheld the Act in Eldred v. The American copyright status of 'Happy Birthday to You' began to draw more attention with the passage of the Copyright Term Extension Act in 1998. In the European Union, the copyright for the song expired on January 1, 2017. By one estimate, the song is the highest-earning single song in history. In February 2010, the royalty for a single use was US$700. Warner claimed that the United States copyright would not expire until 2030, and that unauthorized public performances of the song are illegal unless royalties are paid. In 1988, Warner/Chappell Music purchased the company owning the copyright for US$25 million, with the value of 'Happy Birthday' estimated at US$5 million. The Summy Company registered a copyright in 1935, crediting authors Preston Ware Orem and Mrs. None of the early appearances of the 'Happy Birthday to You' lyrics included credits or copyright notices.

The combination of melody and lyrics in 'Happy Birthday to You' first appeared in print in 1912.

The sisters used 'Good Morning to All' as a song that young children would find easy to sing. Patty Hill was a kindergarten principal in Louisville, Kentucky developing various teaching methods at the Little Loomhouse, and her sister Mildred was a pianist and composer.

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