The holidays are a great time for singing. But did you know that this can also raise legal issues? Has your video performance of a Michael Bublé classic gone viral on social media? If so, should you have any concerns about copyright?
Some sure bets
You don’t have to worry about traditional songs like Deck the Halls and Silent Night. They are generally free from copyright.
The general rule is that copyright expires 70 years after the author’s death. After that time has passed, the song is in the public domain, meaning it can be used freely by anyone. So, if you will be singing – or even recording – a traditional holiday song composed by someone who died more than seventy years ago, you can do so without risk of receiving a demand letter or facing a lawsuit.
How about contemporary songs—or new versions of traditional songs?
Perhaps you’ve considered using John Lennon’s Happy Christmas for your film project about the holidays. It’s a great idea, but you should know that this song is protected by copyright. This means you can’t simply use it as you wish.
Also, even if the original artist died more than 70 years ago, you may not be able to use their song however you wish. For example, even if the lyrics of a song are no longer protected by copyright, new versions or new musical arrangements may be protected. So, you are free to use the traditional melody of Jingle Bells as you wish, but the recent version of that song recorded by Michael Bublé is protected by copyright.
Some types of use are permitted
Would you like to use a song protected by copyright in a family video or a local benefit concert? That’s generally possible. The law allows you to use copyright-protected works for such personal activities as long as you receive no financial benefit, and you credit the authors.
However, if you plan to use a copyrighted song for professional purposes, such as a marketing campaign or promotional video, you will probably need to obtain a license and pay a fee.
Artists are often represented by agencies that manage their copyright, such as SOCAN in Canada. These societies ensure that artists’ works are used legally by issuing licenses and managing payments. If the artist is not a member of such an organization, you must obtain their agreement or pay to use their work.
Of course, in the privacy of your home, no one will stop you from belting out your favourite songs (except possibly your neighbours, depending on your sound insulation). Singing to your heart’s content is a time-honoured holiday tradition!
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Musical Tip If you will be using music in a project and want to keep costs low, you can opt for royalty-free music. For example, tunes composed by artists who died more than 70 years ago, or songs released for unrestricted use by artists who have waived their copyright. |