Whilst I think that the composer of a song should be fairly compensated for their work (else we'd never have any songs!) it does seem that Happy Birthday To You has been around forever and should be in the public domain.
'Happy Birthday' lawsuit demands Warner Music pay back millions in royalties
http://www.theverge.com/2013/6/14/4429412/happy-birthday-lawsuit-demands-warner-music-pay-back-royalites
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