One can go on for days, weeks, even years debating the best/greatest/most popular song or songs of all time. However, there are simply too many particulars to consider. First, we must look at the genre or musical category of the artistic endeavor. Secondly, there is the era from which the song gained its popularity and this would bring longevity into play. Thirdly, the country of origin is important (naturally) because music produced, played, and performed in the United States has a greater purchasing public as well as many more physical and technical venues and devices to increase sales, downloads, and airplay.

Whether we take all of these factors into consideration or not; the winner by far for the most popular song ever is – “Happy Birthday to You!”

You may be thinking that this is a bogus claim because the song “Happy Birthday” is thought to be in the public domain category of music, not unlike The Start Spangled Banner and other traditional, formal, and non-formal musical compositions. However, this memorable song differs greatly from most.

What qualifies ‘Happy Birthday to You’ as a legitimate popular, commercial song is the fact that Warner Brothers and its investment group own the copyright. In order to perform or reproduce this song in film, television, radio, or elsewhere where the audience is not made-up mainly of family and/or friends of the person(s) performing the song, one must pay royalties to Warner Bros. Music Corp. (Warner Chappel Music), Summy Birchard, Inc.- OBO Inc. who are all a part of the AOL Time Warner conglomerate.

When you hear ‘Happy Birthday’ being sung by employees in a restaurant, that establishment has already worked out a deal with ASCAP, or they are infringing upon the copyright (the former is most likely). Once again, a group of people singing it at home or in public and not in any way receiving payment for singing or other services are not infringing upon the copyright (although not technically).

The Happy Birthday story, or as some will call it, the Unhappy Birthday story, begins in 1893 when two kindergarten school teachers, sisters, Patty and Mildred Hill from Kentucky created the song “Good Morning to All” for the students. The “Happy Birthday” lyrics first appeared in a songbook edited by Robert H. Coleman in 1924. Soon the song became very popular and appeared in Broadway Musical’s, and Western Unionsinging telegrams.

A third Hill sister Jessica filed suit on behalf of her sisters Patty and Mildred and was ultimately awarded the copyright to “Happy Birthday to You” in 1934. In 1935, the Chicagomusic publisher, Clayton F. Summy Company copyrighted and published the song.

In 1990, Warner Chappell purchased the Summy publishing company for $15 million, with the value of "HappyBirthday" estimated at $5 million. Warner Bros. states that the United States copyright will not expire until 2030, and that unauthorized public performances of the song are technically illegal unless royalties are paid to it. In 2008, Warner collected about $5000 per day ($2 million per year) in royalties for the song.

According to the 1998 Guinness Book of World Records, "HappyBirthday to You" is the most performed and recognized song in the English language.

Now there’s a HITSONG for ya!