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What are the happy birthday song rights?

What are the rules on the intellectual property on the Happy Birthday song? I know it's under copyright (via Wikipedia). For instance, I recently heard it performed by staff at the Cheesecake Factory, did they pay royalties. I heard it (in Italian) at Carrabbas, did they pay?

Public Comments

1. DID they? Probably not. Legally were they required to? Yes.
2. They likely did, the family that owns that song strictly enforces its rights.