Recently, in a basement in Brooklyn NYC:
Mark Sachs is the Founder of the Smile Face Museum
228 ½ Boerum Street Artspace
Poor Harvey. He didn't copyright it.
"In 1963, Harvey Ball, an American commercial artist, was employed by State Mutual Life Assurance Company of Worcester, Massachusetts to create a happy face to raise the morale of the employees. Ball created the design in ten minutes and was paid $45 (equivalent to $330 USD in 2012 currency). His rendition, with bright yellow background, dark oval eyes, full smile and creases at the sides of the mouth, was imprinted on more than fifty million buttons and became familiar around the world. The design is so simple that it is certain that similar versions were produced before 1963, including those cited above. However, Ball's rendition, as described here, has become the most iconic version."