By Robert Chapski 

Until recently (and I was reminded again while watching last week's episode of 30 Rock), I had no idea that the "Happy Birthday to You" song (i.e., you know, the one you sing at your two-year old's birthday party when she blows out the candles) was copyright protected.  Sure enough, Justice Breyer mentions the song in his dissent in Eldred v. Ashcroft. 

Justice Breyer noted that the melody was first published in 1893, the song was copyrighted after litigation in 1935, and the copyright (at least as of 2003) was still in effect and owned at that time by a subsidiary of AOL Time Warner.  The song allegedly still brings in about $2 million in royalties each year and will purportedly remain under copyright until 2030.  For those interested in more details, Robert Brauneis, a professor at George Washington University Law School, wrote a 69-page paper on the topic entitled "Copyright and the World's Most Popular Song" in 2008.  Incidentally, he claims the song is almost certainly no longer under copyright protection.  Who knows for sure?  At least it might make you think twice about taking the lead in singing the tune at your next public gathering.  See additional article here.