<P> 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, because there are no other claimants to the copyright, and the copyright to the melody long ago expired, the plaintiffs suggested that the song was de facto in 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 . </P> <P> Prior to the lawsuit, Warner / Chappell had been earning $2 million a year licensing the song for commercial use, with 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 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 . </P> <P> 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". </P> <P> One of the most famous performances of "Happy Birthday to You" was Marilyn Monroe's rendition to U.S. President John F. Kennedy in May 1962 . Another notable use was by comedy pianist Victor Borge, who played the song in styles of various composers, or would begin playing Moonlight Sonata, smoothly transitioning into the song . </P>

Who came up with the song happy birthday