Choose your Christmas music carefully says Abe Udy. At this time of year Christmas music is a popular choice as a base for advertising. Apart from its obvious appeal as a way to connect with the spirit of the season, many Christmas songs are free of copyright.

Some songs and carols fall into the “traditional” (TRAD) category which means that the work does not have copyright protection, usually because it is very old and the creator is unknown. No permission needs to be obtained to transcribe or retype a traditional work.

Other works are said to be in the “public domain” (PD) and may be copied without permission because whatever copyright may have once existed has expired.

But that doesn’t mean that all Christmas music is free of copyright, warns Abe Udy from Abe’s Audio.

For example, here’s a list of some common tunes that people tend to base ads on that are subject to copyright:

– Santa Claus is coming to town

– Little Drummer Boy

– Frosty the Snowman

– White Christmas

– All I want for Christmas (is my two front teeth)

– Christmas Song (Chestnuts Roasting on An Open Fire)

– Here comes Santa Claus

– I Saw Mommy Kissing Santa Claus

– It’s beginning to Look a Lot Like Christmas

– Jingle Bell Rock

Abe says, “All of the above are subject to the same copyright as any song. So, borrowing the lyric or feel is a breach you might like to advise the client of and request an alternative creative.”

On the other hand, here are some tunes that are not subject to copyright.

–       Silent Night

–       Little Town of Bethlehem

–       Come All Ye Faithful

–       Jingle Bells

–       Auld Lang Syne

–       The Holly and the Ivy     

–       God Bless Ye Merry Gentlemen

–       First Noel

–       Deck the Halls with Boughs of Holly

Click here for a comprehensive list of what is and what isn’t copyright protected in Christmas Music.

Abe Udy is a director at Abe’s Audio.