• ssfckdt@lemmy.blahaj.zone
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    10 hours ago

    Wellllllllll

    It actually wasn’t, but someone claimed it was, and would sue people who used it. Most would settle and agree not to use it. This is also why most chain restaurants had their own alternative birthday songs.

    It was only that in 2016 somebody actually said to them “prove it” and took them to court, which found their copyright claim to be without merit.

    Incidentally, there is no penalty for this.

  • scutiger@lemmy.world
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    10 hours ago

    What day is today?
    It’s Nibbler’s birthday!
    What a day for a birthday.
    Let’s all have some cake!

    And you smell like one too!

  • jsomae@lemmy.ml
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    5 hours ago

    It was not copyrighted until 2016. Seeing as it’s from the 1800s, that would not be possible.

  • KittenBiscuits@lemm.ee
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    13 hours ago

    I always thought this is why Olive Garden, Red Lobster, whatever 80s/90s fad chain restaurant sang their own birthday songs for patrons.

    Happy happy birthday…<br> It’s your special day…<br><br> happy happy birthday<br> That’s why we’re here to say HEY!<br><br> Happy happy birthday<br> may alll your dreams come true<br><br> happy happy birthday<br> from Bennigans to you…HEY!

  • Optional@lemmy.world
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    17 hours ago

    Which was obviously bullshit (that they were given a copyright). The 2016 date is how long it took for some group to take the time and effort to get it thrown out finally.

    • CosmicTurtle0@lemmy.dbzer0.com
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      13 hours ago

      So it’s a bit more complicated than that.

      I believe it was Warner Brothers who held the copyright but it had been disputed whether they actually owned the rights. But it’s one of those situations where taking them to court to find out was going to cost a lot more than paying the license.

      WB didn’t have to prove they owned it to get people to pay. They only needed to show that they held the copyright to it and the history of other people paying did the rest. Sort of like paying protection to a local mob.

      So when WB finally got sued and they had to show receipts, the judge decided against them and we got something in the public domain.

  • LandedGentry@lemmy.zip
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    17 hours ago

    Yeah man i remember being on a shoot shortly after and when we had a birthday sequence we all discussed whether or not we should use the actual birthday song because we kind of couldn’t believe it had been made public again. We opted not to use it out of an abundance of caution lol

    • Fredselfish@lemmy.world
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      13 hours ago

      Actually it hit public domain way before that, but it went to court in 2016. I remember it was pretty big fucking deal. Because it was public domain in freaking 90’s. Whoever held copyright never updated it, yet no one was aware of it until someone went to court to challenge the copyright.

  • throwawayacc0430@sh.itjust.works
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    12 hours ago

    Am I the only one that kinda hates birthday songs?

    Can we start a tradition where we write poems as preparation for the birthday then read it in place of the birthday song?

    (Also please do not blow on the cake, so much saliva and germs. I didn’t eat the cake at the last birthday celebration I attended to because I was kinda germaphobic. Oh well, I hope others enjoyed it 🤷‍♂️)