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Everybody knows song "Happy Birthday To You". It is most popular and most often sung song in English language. It is also now part of legal case. New York film company called Good Morning To You (GMTY) Productions has opened lawsuit that says song belongs in public domain. This means anyone can use it because there is no copyright on it. However, record label Warner Music says it owns copyright to tune. GMTY is making documentary about history of song and had to pay Warner Music $1,500 to use it. If it didn't pay, it could have got penalty of $150,000. boss of GMTY was angry about this fee and took case to court in New York.

melody of "Happy Birthday To You" comes from song, "Good Morning to All". This was written in 1893 by two sisters from Kentucky, USA. They wrote it because they thought it would be easy for young children to sing. words to "Happy Birthday To You" were added to tune around decade later. One of most famous performances of song was when Marilyn Monroe sang, "Happy Birthday, Mr. President" in sexy voice to John F. Kennedy in 1962. GMTY says any copyright on song ran out almost 100 years ago. company wants Warner Music to return millions of dollars it has collected for song. Warner Music has so far stayed quiet and has not commented on court case.