...it's like TV Tropes, but LINKED DATA!
Happy Birthday to You!
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It's the most-recognized song in the English language (and quite possibly the entire world), but before September 22, 2015, the lyrics to "Happy Birthday to You" weren't in the public domain in most countries.note Canada and New Zealand were major exceptions; the "Happy Birthday" copyright expired in Canada in 1985 and NZ in 1997. Its copyright in the United States and Continental Europe was held by Warner/Chappell Music, a division of Warner Music Group, which had acquired it in 1988 from its takeover of the original holder. note It's worth mentioning that the melody itself comes from "Good Morning to All", a much older song which everyone agrees has been in the public domain for close to a century. WMG aggressively enforced the copyright, too, which netted them around $2 million per year in royalty fees. As a result, in media prior to 2016, it was rare to hear the actual "Happy Birthday" song. To avoid fees and/or lawsuits, productions typically either substituted a public domain folk song — "For He's a Jolly Good Fellow" is one example (British shows may use "A Fine Old English Gentleman" instead) — or they just made up their own lyrics, which may or may not use the actual melody. The copyright specifically applied to the combination of the lyrics and the melody; speaking or printing out the lyrics was fine, and so was using the melody if it had different lyrics or was instrumental. This is all in stark contrast to the real world, where singing anything other than "Happy Birthday To You" is almost unheard of… except when the singers were the waitstaff of certain chain restaurants, for exactly the same reason as media. This little ditty — based on another melody, sung thousands of times a day around the world, and only containing six words — was subject to legal scrutiny for decades. The fact that you could've been sued for realistically portraying an Anglophone birthday party is mind-boggling. Even foreign language translations were not exempt — Star Trek writers found out that even showing it in Klingon would cost them.note However, given that only the lyrics were under copyright, another Klingon phrase set to the same tune would be fair game. This case of copyright laws run amok was often subject to Lampshade Hanging, which was really all anyone could do, as WMG was expected to hold the rights to the lyrics until 2031 at the earliest. note This makes very little sense because the first publication of the lyrics was around 1911. United States copyright law states that almost everything published before 1925 is in the public domain by default. "Happy Birthday", however, had a loophole in that a separate copyright claim was filed in 1935, and Patty Hill (the last living original rightsholder) died in 1946. That all changed in The New '10s. In 2013, a lawsuit was filed against Warner/Chappell Music by Jennifer Nelson, whose production company, Good Morning to You Productions, was filming a documentary about the song and its history. To secure the rights to the song and ensure the documentary would be made, Nelson had to pay $1500, which she claimed was unreasonable. During pretrial hearings in 2015 — one day before a scheduled ruling, in fact — Nelson and her lawyers discovered evidence that WMG's copyright claim was likely invalid thanks to the discovery of documents "mistakenly held from them" by WMG, including a book published in 1922 titled The Everyday Song Book. That book contained the lyrics to "Happy Birthday" with a disclaimer that they had been used with "special permission through courtesy of the Clayton F Summy Co."note (that's the company whose IP Warner Music Group ended up with in 1988) …but that's not a valid copyright notice, which was required at the time of publishing. note Night of the Living Dead (1968) had a similar issue; it was distributed to cinemas without a copyright notice, thus accidentally and automatically releasing it (and by extension pretty much all of the core zombie/undead mythos) into the public domain. That loophole and several others were closed in the 1976 Copyright Act, but the law isn't retroactive (as that would make it an ex post facto law — i.e., a law potentially criminalising conduct that was legal before the law's passage, such as making copies of and/or distributing the "Happy Birthday" lyrics or prints of Night of the Living Dead — which are specifically prohibited by the United States Constitution). Plus, when it comes to lawsuits over old intellectual properties, American judges look at what the law used to be during the time period in question, rather than what it is now. Furthermore, only works published in 1923 or later were still potentiallynote if renewed before expiration under copyright at the time. Finding it published in 1922 leaves few ways the claimed 1935 copyright could be valid. About the only defense would be that the publication was unauthorized — that the Hills had shown the song to the publisher of The Everyday Song Book but didn't reach a deal, didn't publish it for thirteen years, then copyrighted it in 1935. Even if someone else had coincidentally come up with the same lyrics in 1922 (it's not that complicated a song) but didn't copyright it, it wouldn't help. Unlike patents, independent creation is allowed for copyrighted materials. This makes the 1935 copyright valid but useless, since everyone can just say they're performing the 1922 public domain version. As a result, Nelson's lawyers, Betsy Manifold and Mark Rifkin, claimed Warner/Chappell did not own the rights to the lyrics — and on September 22, 2015, a U.S. District Court Judge agreed with them, ruling Warner/Chappell's copyright claim officially invalid (with a settlement between the parties involved precluding any further appeal). However, the summary judgement did not by itself put the song into the public domain; it only said that Warner/Chappell's claim is fraudulent, and there is no proof that Summy Co. ever had a valid claim either. It was theoretically possible that someone, like an heir to one of the Hill sisters, could have stepped forward with a valid claim, but no one did so, and "Happy Birthday" officially entered into the public domain in the United States with the court approval of the settlement on June 28, 2016. In the European Union, copyright lasts for the life of the creator plus 70 years.‡This is also true in the United States for non-corporate copyrights; U.S. corporate copyrights last for 95 years from publication thanks to a 1998 law derisively called the "Mickey Mouse Protection Act". As Patty Hill, the last surviving author, died in 1946, "Happy Birthday" was already set to fall into the public domain on December 31, 2016. American court rulings have no effect across The Pond, so Europe had to wait several more weeks. Time will tell what effect this has on public performances of the song, though at least one thing is finally certain — producers, filmmakers, average citizens posting birthday parties on YouTube, and people washing their hands while singing to this song twice as a recommended way to kill germs can now sing the familiar refrain without having to worry about Warner Music Group tackling them to the ground out of nowhere and slapping a $10,000 fine on them. Keep in mind that the majority of these examples are either in the U.S. pre-2016 or in other countries where the U.S. ruling has no effect. |
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"Yo-ho, Pearl's a whale, and it's her birthday!" Given that this episode was Pearl's introduction, the song also serves as exposition - yes, Mr. Krabs' daughter is a whale, just roll with it - and establishes their Amazingly Embarrassing Parents relationship dynamic. | |
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Lampshade Hanging | |
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The show hangs a lampshade on it when the characters try to explain why they are in Sadist Teacher Mrs. Briggs' house. | |
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Happy Birthday to You! / int_2a090d00 | |
| Happy Birthday to You! / int_564d1b2a | type |
Kitschy Themed Restaurant | |
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Chain restaurants like Applebee's, Bennigan's, and TGI Friday's usually make a fuss over customer birthdays, but before "Happy Birthday" definitively entered the US public domain, the staff had to sing an original corporate birthday song or chant because it is a "public performance"; if they sang "Happy Birthday", a paid license would have been required. Since, as previously mentioned, it's only the lyrics that were copyrighted, not the melody (although apparently you could still be sued for translations, as noted with Star Trek performing it in Klingon above), this tends not to be the case at foreign-food places; for example, a certain Italian chain restaurant sings a Pavarotti-esque rendition of "Happy Birthday" in Italian, albeit with the lyrics completely changed as opposed to a straight literal translation to avoid any chances of a lawsuit. Even with "Happy Birthday" now PD, the restaurants still typically use their original material, more out of tradition than anything else. | |
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Forgotten Birthday | |
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In the first season episode "Life On The Fast Lane", where Homer buys Marge a bowling ball after forgetting her birthday, they go to a restaurant with singing waiters, who do sing the actual song "Happy Birthday to You." | |
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| Happy Birthday to You! / int_72fb8772 | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_72fb8772 | |
| Happy Birthday to You! / int_8741b74 | type |
Playing with a Trope | |
| Happy Birthday to You! / int_8741b74 | comment |
Played with in an episode of Community. The episode opens with the cast just finishing singing the song, with only "...to you!" being shown on screen, which would be acceptable under copyright law. Then it's revealed that the episode didn't cut off any lyrics; "To you" was, in fact, the only part they sang. It's then justified in-universe in that the party is for Troy, who as a Jehovah's Witness technically isn't allowed to celebrate his birthday. | |
| Happy Birthday to You! / int_8741b74 | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_8741b74 | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_8741b74 | |
| Happy Birthday to You! / int_9dd2cbc2 | type |
CloudCuckooLander | |
| Happy Birthday to You! / int_9dd2cbc2 | comment |
One episode had Pinkie Pie sing a variation to the Cake's newborn twins ("Happy happy Birthday to you and you today...") but she gets cut off by the nurse before getting any further (singing in a maternity ward and all). She's later able to finish it, albeit as "Happy Monthiversary," which celebrates the twins'… well, one-month anniversary of their birth. Witness it here. | |
| Happy Birthday to You! / int_9dd2cbc2 | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_9dd2cbc2 | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_9dd2cbc2 | |
| Happy Birthday to You! / int_9f8a12d7 | type |
Who's on First? | |
| Happy Birthday to You! / int_9f8a12d7 | comment |
Or a brief sketch in which Ernie sings the song to the letter "U", leading to some confusion on the part of Bert, who thought he meant "you", i.e. Bert, whose birthday it isn't. | |
| Happy Birthday to You! / int_9f8a12d7 | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_9f8a12d7 | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_9f8a12d7 | |
| Happy Birthday to You! / int_c97c198d | type |
Happiness Is Mandatory | |
| Happy Birthday to You! / int_c97c198d | comment |
In "Selling Out", the rebranded Krabby O'Monday's has its own birthday song. Squidward performing it to a customer with his customary lack of enthusiasm prompts the restaurant's new manager Carl to threaten him with "Human Resources" (read: having the shit beaten out of him). | |
| Happy Birthday to You! / int_c97c198d | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_c97c198d | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_c97c198d | |
| Happy Birthday to You! / int_cf64a80d | type |
Hostile Show Takeover | |
| Happy Birthday to You! / int_cf64a80d | comment |
In entry 37 of Marble Hornets, Alex Kralie's family (and a special, uninvited guest) celebrate Alex's fifth birthday exactly as a normal human being would. With the addition of a Humanoid Abomination singing along. | |
| Happy Birthday to You! / int_cf64a80d | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_cf64a80d | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_cf64a80d | |
| Happy Birthday to You! / int_f548c926 | type |
Suck E. Cheese's | |
| Happy Birthday to You! / int_f548c926 | comment |
In "Radio Bart", a Wall E. Weasel establishment has a cheap animatronic animal band singing, "You're the birthday/You're the birthday/You're the birthday/Boy or girl!" | |
| Happy Birthday to You! / int_f548c926 | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_f548c926 | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_f548c926 | |
| Happy Birthday to You! / int_f8e52439 | type |
Birthday Episode | |
| Happy Birthday to You! / int_f8e52439 | comment |
The Birthday Episode that aired on the show's twentieth anniversary has a running gag where everyone on the Surface Land tour bus keeps trying to sing to SpongeBob, only to get interrupted. At the end of the episode, the cast sings a birthday song to the tune of the show's theme song. | |
| Happy Birthday to You! / int_f8e52439 | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_f8e52439 | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_f8e52439 | |
| Happy Birthday to You! / int_name | type |
ItemName | |
| Happy Birthday to You! / int_name | comment |
||
| Happy Birthday to You! / int_name | featureApplicability |
1.0 | |
| Happy Birthday to You! / int_name | featureConfidence |
1.0 | |
| Happy Birthday to You! | hasFeature |
Happy Birthday to You! / int_name | |
| Happy Birthday to You! / int_name | itemName |
Happy Birthday to You! |
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