Here's Why Chain Restaurants Weren't Allowed To Sing Happy Birthday To You Until Recently
Anyone who's been out to eat on their birthday likely knows the joy (or humiliation) of having the staff crowd around your table to sing an uncanny corporate-sanctioned happy birthday tune. The restaurant's canned song and dance has hit you whether you've proudly told the waiter it's your big day or hid your face as friends and family made sure your server knew. But, no matter how it happened, you've probably never actually heard the traditional "Happy Birthday to You" at a Red Lobster or an Applebee's at 1 a.m. — because, until 2015, a powerful company claimed to own the copyright.
After a lengthy battle in court, Warner/Chappell Music finally relinquished its decades-long hold on the famous birthday song at the order of a United States federal district judge. The settlement of a bitter lawsuit ultimately put one of the most famous songs in the English language into the public domain, and caused Warner/Chappell to pay back millions of dollars in collected royalties. The hard-fought legal battle might make you think the music publishing company had held the copyright since World War II or something, but no — the rights to "Happy Birthday to You" were purchased in 1988, nearly 100 years after the song was first introduced to the public.
The birth of the most famous birthday song
The origin of "Happy Birthday to You" isn't quite as mysterious as the roots of the nearly-as-famous birthday cake flavor — in fact, we know exactly where it comes from. The story goes that the melody was created as a children's song in the 1890s by schoolteacher Patty Smith Hill and her sister Mildred J. Hill, under the name "Good Morning to All." Over the years, this song gained the familiar "Happy Birthday" lyrics we still recognize today.
The song took off, but as it made its way to popular culture like films and Broadway musicals, the Hills took legal action and registered a copyright for "Happy Birthday to You" in 1935. More than 50 years later, Warner/Chappell Music obtained the copyright through a $25 million sale and began demanding royalties from companies which were using the song in TV, film, or public performances.
It wasn't until 2013 that Warner's copyright was challenged in court. A team of film producers working on a documentary about "Happy Birthday to You" claimed they had uncovered irrefutable proof that the original copyrights had expired long ago. A federal judge in Los Angeles agreed, and in 2016, the song officially entered the public domain. Warner agreed to pay back $14 million in collected licensing fees, and everyone, including your favorite restaurants chains, could finally celebrate customers' birthdays with the classic song.
You can now hear the timeless tune just about anywhere
With the one and only "Happy Birthday" song free to use by anyone anywhere, chain restaurants should be in the clear, legally speaking. But over the decades, many businesses had created its own birthday tunes to avoid paying licensing fees — and soon enough, these quirky songs became a part of the brand identity. Longtime customers have come to expect a unique birthday experience at any given Red Robin or Texas Roadhouse, and each chain's bespoke song is a big part of that.
Some of the most iconic variations range from a short and sweet chant to a full-blown studio production. Chuck E. Cheese, the arcade pizza place that's long been a staple of kids' parties, has its own professionally recorded birthday song, "Every Day Is a Birthday," known best for the lyrics, "We say 'Happy', you say 'Birthday'." The Chili's birthday song has staff announce each birthday to the entire restaurant, before leading everyone to clap along to the song, "Happy, happy birthday from the Chili's Crew! We wish it was our birthday, so we could party, too!"
If you are partial to the traditional birthday ditty, there are plenty of restaurants that will serenade you accordingly — especially after the legality debate of the tune has been settled. Of course, many restaurants offer more than a song in celebration. For example, Cheesecake Rewards members who celebrate their birthday at The Cheesecake Factory get a free slice of cheesecake, and yes, you can choose from any of the over 30 kinds the restaurant offers on its extra long menu.