How on earth is a 100+ year old song still in copyright anyway, even if the author was known?
Or it could be just that the corporations which bought many of the money-making copyrights long ago want to continue to receive royalties from it indefinitely.
The essential problem with the Happy Birthday song is that no one is quite sure who created it, and thus no one is quite sure which publication (if any!) would be an actual authorized publication. It thus falls under really, really gray areas of the law.
It should be noted, however, that the most plausible scenario that could win a victory at court (in terms of being able to prove that copyright exists) would have the copyright expire in about 400 days anyways.