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49-536: The film was adapted by Alexander Knox , Mary McCarthy , Milton Gunzburg (uncredited), and Dudley Nichols from the book And They Shall Walk , by Elizabeth Kenny and Martha Ostenso , and directed by Dudley Nichols. In 1911, Elizabeth Kenny returns from nursing school in Brisbane , Australia , to her home in the bush of Queensland . Her mentor, Dr. McDonnell, is chief at the nearest hospital, 50 miles away. He wants her to work with him, but she wants to be

98-568: A fermata to adapt the meter. Among English-speakers, it is traditional at a birthday party for the guests celebrating the birthday to sing the song "Happy Birthday to You" to the birthday person, often when presenting a birthday cake . After the song is sung, party guests sometimes add wishes like "and many more!" expressing the hope that the birthday person will enjoy a long life. In the United Kingdom, Ireland, Australia and New Zealand, immediately after "Happy Birthday" has been sung, it

147-525: A Royal Commission to investigate the Kenny treatment. She has an invitation from England. She feels hopeless, but a crowd outside cheers for her. She travels around Europe, becoming famous. Kevin meets her at Croydon airport . He is glad it turned out this way. He hands her a paper with news of the Munich Agreement . The Royal Commission condemns her. Reviews of her book are scathing. However, all

196-515: A bush nurse. He says she will not last six months. Three years later, Elizabeth visits a ranch to treat a young girl, Dorrie, who is contorted in agony. She describes the symptoms in a telegram to McDonnell. His reply: infantile paralysis , no known treatment, "do the best you can with the symptoms...” Elizabeth treats “spasming” muscles with heat, wrapping Dorrie in steaming flannel. After the contractions subside, Dorrie cannot move her legs or sit up. Through close observation, Elizabeth realizes that she

245-511: A copyright in 1935, crediting authors Preston Ware Orem and Mrs. R. R. Forman. 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. Warner claimed that the United States copyright would not expire until 2030 and that unauthorized public performances of the song were illegal unless royalties were paid. In February 2010,

294-608: A kindergarten principal in Louisville, Kentucky , developing teaching methods at the Little Loomhouse ; her sister Mildred was a pianist and composer. The sisters used "Good Morning to All" as a song that young children would find easy to sing. The combination of melody and lyrics in "Happy Birthday to You" first appeared in print in 1912. None of the early appearances of the "Happy Birthday to You" lyrics included credits or copyright notices. The Summy Company registered

343-403: A letter to Dr. McDonnell. A national committee is about to report on her work in the U.S. She is about to lecture to orthopedic surgeons. The new book is out. She receives three honorary degrees. A cable arrives: Dr. McDonnell has died. The lecture hall is full. The medical director of the institute introduces her. The news broadcast of the committee report is piped in. It is devastating. Furious,

392-399: A line of text below the title. Manifold and Rifkin located a clearer copy of an edition published in 1922 that also contained the "Happy Birthday" lyrics. The previously obscured line was revealed to be the credit "Special permission through courtesy of The Clayton F Summy Co." Manifold and Rifkin argued that the music and lyrics were published without a valid copyright notice as was required at

441-655: A new patient and leaves without another word. In the 1920s, Sister Kenny heads to Brisbane . Some time later, the Elizabeth Kenny Clinic is being closed. She confronts Dr. Brack while he is lecturing on polio to a group of orthopedists. Brack invites her to speak and then belittles her and her treatment. One of the doctors is from the Queensland Health Department. He invites her to his office. Another interested orthopedist arrives, followed by McDonnell. They have been working on getting

490-465: A notable example the $ 5,000 paid by the filmmakers of the 1994 documentary Hoop Dreams in order to safely distribute the film. On February 8, 2016, Warner/Chappell agreed to pay a settlement of $ 14 million to those who had licensed the song, and would allow a final judgment declaring the song to be in the public domain, with a final hearing scheduled in March 2016. On June 28, 2016, the final settlement

539-736: A pseudonym before 1945. Knox was married to American actress Doris Nolan (1916–1998) from 1944 until his death in 1995. They starred together in the 1949 Broadway play The Closing Door , which Knox also wrote. They had a son Andrew Joseph Knox (born 1947; died by suicide in 1987 ) who became an actor and appeared in Doctor on the Go , and who was married to Imogen Hassall . Knox died in Berwick-upon-Tweed from bone cancer on April 25, 1995. Notes Happy Birthday to You " Happy Birthday to You ", or simply " Happy Birthday ",

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588-491: A putative class action suit in federal court for the Southern District of New York against Warner/Chappell in the name of her production company Good Morning to You Productions. She had paid US$ 1,500 to secure the rights as part of a documentary that she was making about the song and its history. Her complaint relied heavily on Brauneis's research, and sought the return of her money and all royalties collected by

637-541: A second verse by Mrs. R. R. Forman. This served as the legal basis for the claim that Summy Company legally registered the copyright for the song, as well as the later renewal of these copyrights. Summy Company became the Summy–Birchard Company in 1957, and this became a division of Birch Tree Group Limited in 1970. Warner/Chappell Music acquired Birch Tree Group Limited in 1988 for US$ 25 million. The company continued to insist that one could not sing

686-656: A song called "Happy Birthday to You", including an article from 1901 in the Inland Educator and Indiana School Journal . In 1924, Robert Coleman included "Good Morning to All" in a songbook with the birthday lyrics as a second verse. Coleman also published "Happy Birthday" in The American Hymnal in 1933. Children's Praise and Worship published the song in 1928, edited by Byers, Byrum, and Koglin. The Summy Company, publisher of "Good Morning to All", copyrighted piano arrangements by Preston Ware Orem and

735-536: Is a song traditionally sung to celebrate a person's birthday. According to the 1998 Guinness World Records , it is the most recognized song in the English language, followed by " For He's a Jolly Good Fellow ". The song's base lyrics have been translated into at least 18 languages. The melody of "Happy Birthday to You" comes from the song " Good Morning to All ", which has traditionally been attributed to American sisters Patty and Mildred J. Hill in 1893, although

784-786: Is about to marry Captain Kevin Connors. Elizabeth's clinic shuts down. She took 12 “paralyzed” patients, and seven walked out. Doctors argue that they never had polio. Kevin leaves to fight in World War I . Elizabeth joins the Army and finds him in a hospital at the front. She returns to Australia with the rank of Sister to wait for Kevin. Then she reads about an outbreak in Townsville, and goes there. Kevin appears. She has written to him, ending their engagement. She does not think she will ever be done with polio. Kevin watches as she talks to

833-496: Is agonizing immobilization. McDonnell believes that Elizabeth has discovered an entirely new way of treating polio. He takes her to Dr. Brack, the most senior expert. Brack scoffs at her theory and refuses to consider the possibility that the science of the past 50 years may be wrong. When Dorrie does cartwheels, Brack contends that she never had polio. McDonnell suggests that Elizabeth treat the patients that doctors have given up on. At that time, Australian nurses had to be single; she

882-401: Is not paralyzed. Her muscles have become “alienated”. After her muscles are “re-educated”, Dorrie makes a complete recovery, as do five other cases of polio that Elizabeth treats. Elizabeth takes Dorrie to see McDonnell. She assumes that she has done the usual thing in treating polio and is horrified to learn that infantile paralysis is a deadly, crippling disease and that the standard treatment

931-527: Is traditional for one of the guests to lead with " Hip hip ... " and then for all of the other guests to join in and say "... hooray!" This cheer normally is given three times in a row. In regions of America and Canada, especially at young children's birthdays, immediately after "Happy Birthday" has been sung, it is not uncommon for the singers to segue into "How old are you now? How old are you now? How old are you now, how old are you now?" and then count up: "Are you one? Are you two? Are you ..." until they reach

980-767: The Great Lakes area during the 19th century as well as plays and detective novels. Knox was born in Strathroy, Ontario , where his father was the minister of the Presbyterian Church. He graduated from the University of Western Ontario . He moved to Boston, Massachusetts, to perform on stage with the Boston Repertory Theatre . After the company folded following the stock market crash of 1929, Knox returned to London, Ontario, where, for

1029-432: The "Happy Birthday to You" lyrics for profit without paying royalties; in 2008, Warner collected about US$ 5,000 per day ( US$ 2 million per year) in royalties for the song. Warner/Chappell claimed copyright for every use in film, television, radio, and anywhere open to the public, and for any group where a substantial number of those in attendance were not family or friends of the performer. Brauneis cited problems with

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1078-671: The BBC's radio programme's fifth anniversary. This recording is included on the compilation album On Air – Live at the BBC Volume 2 , released in 2013. In the 1987 documentary Eyes on the Prize about the U.S. civil rights movement , there was a birthday party scene in which Dr. Martin Luther King Jr. 's discouragement began to lift. After its initial release, the film was unavailable for sale or broadcast for many years because of

1127-491: The United Kingdom. Knox portrayed Control in the 1979 BBC miniseries adaptation of John le Carre 's Tinker Tailor Soldier Spy . He acted in such films as Europe '51 , The Vikings , The Longest Day , The Damned , and Modesty Blaise . He often worked with director Joseph Losey , a fellow American blacklistee living in the UK. Aside from his acting career, Knox was also an author, writing adventure novels set in

1176-400: The case. Some initial news sources characterized the decision as ruling that the song was in the public domain, but the decision did not go so far, holding only that Warner/Chappell did not prove they owned the copyright. However, as there were no other claimants to the copyright, and the copyright to the melody had long ago expired, the plaintiffs suggested that the song was de facto in

1225-512: The claim that the sisters composed the tune is disputed. The song is in the public domain in the United States and the European Union. Warner Chappell Music had previously claimed copyright on the song in the US and collected licensing fees for its use; in 2015, the copyright claim was declared invalid and Warner Chappell agreed to pay back $ 14 million in licensing fees. Patty Hill was

1274-508: The company from other filmmakers since 2009. A week later, Rupa Marya v. Warner Chappell Music Inc was filed in the Central District of California. Five weeks later, Nelson refiled the case there, and the cases were combined. In April 2014, Warner's motion to dismiss had been denied without prejudice, and discovery began under an agreed plan with respect to Claim One, declaratory judgment as to whether "Happy Birthday to You"

1323-515: The cost of clearing many copyrights, of which "Happy Birthday to You" was one. Grants in 2005 for copyright clearances allowed PBS to rebroadcast the film. In 2010, the Western classical music conductor Zubin Mehta conducted the orchestra to play variations of "Happy Birthday" in the styles of various Western classical music composers, including Wagner , Bach , Mozart and Beethoven , and in

1372-404: The court declared that "Happy Birthday to You" was in the public domain. The person whose birthday is being celebrated is filled in for "[NAME]". Happy birthday to you Happy birthday to you Happy birthday, dear [NAME] Happy birthday to you. Since the syllable lengths and scansion of people's names may vary, the measure that includes the [NAME] invocation is traditionally notated with

1421-569: The director points to the real results. The lecture continues. At the end, a crowd of children gather outside the Institute, singing “ Happy Birthday ” to Sister Kenny. The film recorded a loss of $ 660,000 for RKO. Box office returns were disappointing even in Australia. It flopped in Brisbane, Kenny's hometown. Alexander Knox Alexander Knox (16 January 1907 – 25 April 1995)

1470-570: The effect of the famous court-scene which makes up the third act...". In 1939, at the Malvern Festival, he acted in Shaw's In Good King Charles's Golden Days . His own play Old Master was also staged. He starred opposite Jessica Tandy in the 1940 Broadway production of Jupiter Laughs and as Friar Laurence in Romeo and Juliet with Vivien Leigh and Laurence Olivier . Then in 1944, he

1519-400: The final four lines of Edith Goodyear Alger's poem "Roy's Birthday", published in A Primer of Work and Play , copyrighted by D. C. Heath in 1901, with no reference to the words being sung. The first book including "Happy Birthday" lyrics set to the tune of "Good Morning to All" that bears a date of publication is The Elementary Worker and His Work , from 1911, but earlier references exist to

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1568-971: The late 19th century, when sisters Patty and Mildred J. Hill introduced the song "Good Morning to All" to Patty's kindergarten class in Kentucky . They published the tune in their 1893 songbook Song Stories for the Kindergarten with Chicago publisher Clayton F. Summy. Kembrew McLeod stated that the Hill sisters likely copied the tune and lyrical idea from other popular and similar nineteenth-century songs, including Horace Waters ' "Happy Greetings to All" from 1858, "Good Night to You All", also from 1858, "A Happy New Year to All" from 1875, and "A Happy Greeting to All", published 1885. However, U.S. law professor Robert Brauneis disputes this, noting that these earlier songs had quite different melodies. The complete text of "Happy Birthday to You" first appeared in print as

1617-563: The miniseries Tinker Tailor Soldier Spy . He depicted Governor Hudson Inverest in "The Latin Touch", the second episode of the first season of The Saint in 1962. He wrote several adventure novels: Bride of Quietness (1933), Night of the White Bear (1971), The Enemy I Kill (1972; republished as Totem Dream in 1973), Raider's Moon , and The Kidnapped Surgeon . He also wrote plays and at least three detective novels under

1666-452: The most famous performances of "Happy Birthday to You" was Marilyn Monroe 's rendition to US President John F. Kennedy in May 1962. Another notable use was by comedy pianist Victor Borge , who played the song in the styles of various composers, or would begin playing Moonlight Sonata , smoothly transitioning into the song. The Beatles recorded "Happy Birthday Dear Saturday Club" for

1715-577: The next two years, he worked as a reporter for The London Advertiser before moving to London, England, where, during the 1930s, he appeared in several films. He also appeared in various roles at the Old Vic such as the Judge in George Bernard Shaw 's Geneva . Canadian novelist Robertson Davies described his performance thus: "To this role he brought a dignity which did much to heighten

1764-485: The public domain. Also, the judge ruled that the song was not copyrighted by Summy Co., who had written in the song book, "Special permission through courtesy of the Clayton F. Summy Co." Since there was no evidence Summy Co. had copyright on the song, the song is still considered to be in the public domain. Before the lawsuit, Warner/Chappell had been earning $ 2 million a year licensing the song for commercial use, with

1813-540: The publication in The Everyday Song Book was unauthorized. The company also argued that it was not acting in bad faith in withholding the evidence of the 1927 publication. On September 22, 2015, federal judge George H. King ruled that the Warner/Chappell copyright claim over the lyrics was invalid. The 1935 copyright held by Warner/Chappell applied only to a specific piano arrangement of

1862-417: The right age or often, instead of counting, "and many more!" for those who are older. The music and lyrics are in the public domain in the European Union and the United States. The copyright expired in the European Union on January 1, 2017. A U.S. federal court ruled in 2016 that Warner and Chappell's copyright claim was invalid and there was no other claim to copyright. "Happy Birthday to You" dates from

1911-776: The royalty for a single use was US$ 700. By one estimate, the song is the highest-earning single song in history. In the European Union, the copyright for the song expired on January 1, 2017. 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. The Supreme Court upheld the Act in Eldred v. Ashcroft in 2003, and Associate Justice Stephen Breyer specifically mentioned "Happy Birthday to You" in his dissenting opinion. American law professor Robert Brauneis extensively researched

1960-404: The scope or validity of the disputed copyrights, much less whether Patty Hill abandoned any copyright she may have had to the lyrics". They had been given access to documents previously held back from them by Warner/Chappell, which included a copy of the 15th edition of The Everyday Song Book published in 1927. The book contained "Good Morning and Happy Birthday", but the copy was blurry, obscuring

2009-472: The song and concluded in 2010 "it is almost certainly no longer under copyright." Good Morning to You Productions sued Warner/Chappell for falsely claiming copyright to the song in 2013. In September 2015, a federal judge declared that the Warner/Chappell copyright claim was invalid, ruling that the copyright registration applied only to a specific piano arrangement of the song and not to its lyrics and melody. In 2016, Warner/Chappell settled for $ 14 million, and

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2058-403: The song's authorship and the notice and renewal of the copyright, and concluded: "It is almost certainly no longer under copyright." In the European Union, copyright lasts for the life of the author plus 70 years. Patty Hill died in 1946 as the last surviving author, so the copyright expired in these countries on January 1, 2017. On June 13, 2013, documentary filmmaker Jennifer Nelson filed

2107-429: The song, not the lyrics or melody. The court held that the question of whether the 1922 and 1927 publications were authorized, thus placing the song in the public domain, presented questions of fact that would need to be resolved at trial. However, Warner/Chappell had failed to prove that it actually had ever held a copyright to the lyrics, so the court was able to grant summary judgment to the plaintiffs, thus resolving

2156-517: The time, so "Happy Birthday" was in the public domain. Warner/Chappell disputed the evidence, arguing that, unless there was "necessary authorization from the copyright owner", the "Happy Birthday" lyrics and sheet music would still be subject to common law copyright as an unpublished work, and that it was unknown whether the "special permission" from the Summy Company covered "Good Morning to All", "Happy Birthday", or both, thus alleging that

2205-617: The younger men are using the Kenny Treatment, whether they call it that or not. In America, she is “given the runaround”. Out of money, she plans to go home. A reporter reads her a press release from the University of Minnesota , stating that the Kenny method will form the basis of all future treatment. She is wanted in Minneapolis , where there is a polio epidemic. After three years' work in Minneapolis, Sister Kenny dictates

2254-417: Was a Canadian actor and writer. He appeared in over 100 film, television, and theatrical productions over a career spanning from the 1920s until the late 1980s. He was nominated for an Oscar and won a Golden Globe for his performance as American President Woodrow Wilson in the 1944 film Wilson . However, his career in the United States was hampered by McCarthyism , and he spent the rest of his career in

2303-1241: Was chosen by Darryl F. Zanuck to star in Wilson (1944), the biographical film about American President Woodrow Wilson , for which he won a Golden Globe Award and was nominated for the Academy Award for Best Actor . However, during the McCarthy Era , his liberal views and work with the Committee for the First Amendment hurt his career, but he was not blacklisted , and he returned to Britain. Knox had major roles in The Sea Wolf (1941), None Shall Escape (1944), Over 21 (1945), Sister Kenny (1946), Man In The Saddle (1951), Paula (1952), Europa '51 (1952), and The Vikings (1958), as well as supporting roles late in his career, such as in The Damned (1963), Modesty Blaise (1966), Nicholas and Alexandra (1971), Joshua Then and Now (1985; his last film role) and

2352-470: Was in the public domain. The court was expected to rule on the motion for summary judgment as to the merits issues on Claim One. A jury trial was requested. Nelson's attorneys Betsy Manifold and Mark Rifkin presented new evidence on July 28, 2015, one day before a scheduled ruling, which they argued was conclusive proof that the song was in the public domain, "thus making it unnecessary for the Court to decide

2401-477: Was officially granted and the court declared that the song was in the public domain. The following week, Nelson's short-form documentary Happy Birthday: My Campaign to Liberate the People's Song was published online by The Guardian . In the wake of their success, the lawyers involved in the "Happy Birthday" lawsuit filed similar lawsuits regarding " We Shall Overcome " and " This Land Is Your Land ". One of

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