‘Tis the season to hear sleigh bells everywhere.

‘Tis the season to hear sleigh bells everywhere.

It's Beginning To Sound A Lot Like Christmas

‘Tis the season to hear sleigh bells everywhere.

Whether you’re sick of them, or love them, the classic holiday songs are powerful, filled with nostalgic emotional triggers and used in advertising for good reasons -- when you hear them, you are instantly transported back to your childhood, or a favorite vacation, or the warm smell of the fire at home. Brands strive for their products to be right there with you, in your happy place (preferably wrapped and gifted this holiday season), and your favorite holiday tunes are often the perfect catalyst.

The world of advertising is very strategic and competitive, and ad music is no exception. Music licenses are often guarded with exclusive regulations, which protect brands from their competitors using the same song/soundtrack during the run of their campaign. However, the holiday season is one of the exceptions to this rule. It would appear that during this time of year, competitive concerns take a backseat, and “Jingle Bells” takes the wheel.

Why are so many brands comfortable using the same classic songs simultaneously for advertising during the holidays? According to Paul Greco, Executive Director of Music & Audio at Wunderman Thompson New York, “If your budget is challenged and you need a holiday song, there is only a handful that you can draw from.”

Many of our holiday favorites fall within the public domain (PD), meaning that the exclusive copyright pertaining to the composition (often owned/controlled by the original composer or publisher) has expired, and is available to the general public for unrestricted use. A typical synchronization license (the license needed for use of music within visual media) requires clearance of two copyrights:

  1. The master recording copyright, which protects the specific recording being used.
  2. The composition/publishing copyright, which protects the underlying music contained within the recording.

That said, use of a PD work requires only the purchase of the master recording license, which is obviously beneficial from a budgetary standpoint.

Here are some songs that are public domain:

  1. “Jingle Bells”
  2. “Deck the Halls”
  3. “Silent Night”
  4. “Joy To The World”
  5. “Auld Lang Syne”
  6. “The Twelve Days of Christmas”
  7. “We Wish You A Merry Christmas”

Here are some songs that are not in the public domain:

  1. “White Christmas”
  2. “Frosty the Snowman”
  3. “Santa Claus is Coming to Town”
  4. “Have Yourself A Merry Little Christmas”
  5. “Jingle Bell Rock”
  6. “Carol of the Bells”
  7. “Rudolf The Red Nosed Reindeer”

Another approach to unlock the holiday spirit is to take a pre-existing song that’s working well for the spot, and add a layer of sleigh bells. While it sounds simple, this approach is extremely affective!

The holidays are an exciting time for brands and consumers alike, offering incredible opportunities, specials and discounts -- now you are in the know on which famous holiday songs are the most affordable, hence the most popular.

I originally wrote a version of this article for Forbes


Hey Paul Greco, this is something that myself and my company are actually doing. You will see tomorrow.

David Lee

Founding Partner: Lee Partners Law

3y

Interesting article regarding the public domain Christmas songs. Brings clarity to why we here the same few jingles over and over

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