Christmas is almost here. The stores are busy with shoppers and children are waiting in line to see Santa, but no matter where your busy holiday schedule takes you this holiday season you are sure hear the sounds of a Christmas carols.
For many, Christmas music can take you back to your early Christmas years, leaving cookies for Santa on Christmas Eve or waking up early in the morning to discover what Saint Nick had left in your stocking. While many of the classic Christmas songs have a special place in our hearts, it is worth noting that they also receive the benefit of copyright protection.
The United States Copyright Office states that a “[c]opyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” Copyrights protect artistic and literary works such as books, computer software, architecture, graphics, photographs, movies, musical works, including Christmas carols.
Many of the carols sung today are hundreds of years old and have outlived their copyright protection. We Wish You a Merry Christmas has been around since the 19th century, while The Twelve Days of Christmas has been sung even longer, dating back to the 16th century. A few more recently composed carols that have also outlived their copyright protection are Jingle Bells, What Child is This, Away in a Manger, Deck the Halls and Silent Night.
While the aforementioned songs are no longer protected by copyright, numerous others are still under protection. One famous Christmas song still under copyright is White Christmas. It is interesting to note that White Christmas, composed by Irving Berlin between 1940-1942 almost never came to be. Berlin was asked to write a Christmas song for the movie Holiday Inn; he struggled to write this song as his Jewish upbringing did not provide the greatest frame of reference for composing a Christmas tune. Nevertheless, Berlin did finally finish the song, which was very well received. Bing Crosby, the famous voice behind the song, fell in love with the tune after hearing it. The rest they say is history and White Christmas is now one of the highest-selling songs in history.
Johnny Marks, composer of many famous Christmas songs, composed Rudolph the Red-Nosed Reindeer in 1949. The intro to this song, “You know Dasher and Dancer and Prancer and Vixen, Comet and Cupid and Donner and Blitzen, But do you recall 
The most famous reindeer of all?” actually came from a poem, “A Visit from Saint Nicholas”. Fortunately, for Marks, the poem was public domain when the song was written. Gene Autry’s rendition of Rudolph the Red-Nosed Reindeer eventually topped the record charts in 1949 and is protected under copyright still today.
Frosty the Snowman, was written in 1950 by songwriters Jack Nelson and Steve Rollins. They saw the popularity of Rudolph 
the Red-Nosed Reindeer and decided to try their hand at carols. Their plan worked. According to Esquire magazine Frosty the Snowman is one of the top 25 most popular Christmas songs.
You better check your list twice because Santa Claus is Coming to Town is also still protected under copyright. This song was written in 1932 by John Frederick Coots and Haven Gillespie, although the end of the copyright is near, it is still emphatically enforced as are many of the most famous works Therefore, while many carols are public domain, it never hurts to check to see if a work is protected under copyright.
We here at Suiter Swantz IP wish you and your family a harmonious and happy holiday season.