Holiday music is a big business. It’s also a big source of litigation.
When Mariah Carey’s “All I Want For Christmas Is You” stormed back to the top of the Hot 100 this month, it wasn’t alone. Each of the current top five songs are holiday tracks, with Brenda Lee’s “Rockin’ Around The Christmas Tree” in second and Wham!’s “Last Christmas” coming in fourth.
All those streams make for some serious royalty money. Lee’s perennial classic earned nearly $4 million in 2022, and even lesser songs like “The Chipmunk Song (Christmas Don’t Be Late)” typically earn hundreds of thousands per year. In 2018, Billboard estimated that the entire Christmas music genre raked in $177 million in the U.S. market alone – a total that has almost certainly grown in the years since.
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12/01/2023And where popularity and money go, lawsuits usually follow. As veteran music industry attorneys are fond of saying: “Where there’s a hit, there’s a writ”
With the holidays right around the corner, Billboard is breaking down the many times that Christmas music has ended up in court – from Mariah’s ongoing copyright battle over “All I Want For Christmas Is You” to Darlene Love’s fights with streamers to repeated courtroom clashes over religious freedom. Here are the five big cases you need to know:
Carey’s 1994 blockbuster is THE modern holiday song – now re-taking the top spot on the Hot 100 for six straight years and earning a whopping $8.5 million in global revenue in 2022. So it’s no surprise that she’s facing a lawsuit seeking a cut of that cash.
Starting in 2022, Carey has faced copyright infringement allegations from songwriter named Vince Vance, who claims she stole key elements of “All I Want for Christmas is You” from his 1989 song of the same name. He claims that the earlier track, released by his Vince Vance and the Valiants, received “extensive airplay” during the 1993 holiday season — a year before Carey released her now-better-known hit.
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12/16/2024“Carey has … palmed off these works with her incredulous origin story, as if those works were her own,” Vance wrote in his latest complaint. “Her hubris knowing no bounds, even her co-credited songwriter doesn’t believe the story she has spun.”
Unsurprisingly Carey’s lawyers see things differently. In a motion filed earlier this year seeking to end the case, her legal team argued that the two songs shared only generic similarities that are firmly in the public domain – including basic Christmas terminology and a simple message that’s been used in “legions of Christmas songs.”
“The claimed similarities are an unprotectable jumble of elements: a title and hook phrase used by many earlier Christmas songs, other commonplace words, phrases, and Christmas tropes like “Santa Claus” and “mistletoe,” and a few unprotectable pitches and chords randomly scattered throughout these completely different songs,” Carey’s attorneys wrote at the time.
With Christmas now looming, it looks like Vance might be getting a lump of coal in his stocking: At a hearing last month, the judge overseeing the lawsuit said she would likely side with Carey and dismiss the case.
Less than two months before Peanuts television producer Lee Mendelson passed away in 2019, his production company sued Dolly Parton’s Dollywood theme park – accusing the park of using the music from his “A Charlie Brown Christmas” without permission.
The songs of jazz pianist Vince Guaraldi’s legendary soundtrack to the 1965 television special, including classic originals as well as updated standards like “O Tannenbaum,” are firmly in the Christmas canon – and none more so than “Christmas Time Is Here,” which Guaraldi co-wrote with Mendelson.
In a lawsuit lodged in federal court, Lee Mendelson Film Productions Inc. accused Dollywood of using that song for decades in Christmas-themed theatrical production without proper licenses, calling it “willful copyright infringement” and “blatant disregard” of the law.
As is often the case in such lawsuits, Dollywood had secured a blanket license from BMI to publicly play millions of songs for its guests, but would have needed a separately-negotiated “dramatic license” to use it in a stage play: “Defendant knew from the beginning of its infringement that its performance license from BMI does not cover ‘grand’ or ‘dramatic’ rights,” the company wrote.
With a trial set to kick off in December 2021, both sides agreed to a confidential settlement that summer to resolve the case.
Do Christmas concerts at public schools violate the U.S. Constitution’s separation of church and state? It’s a question that’s been fought in court many times – and when a federal appellate judge weighed it in 2015, she didn’t miss the opportunity to sprinkle holiday references into her opinion.
For decades, Concord High School in Elkhart, Indiana held an annual winter concert centered on an “elaborate, student‐performed nativity scene,” featuring religious songs (including “Jesus, Jesus, Rest Your Head”) along with a narrator reading passages from the New Testament.
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12/03/2024Unsurprisingly, after students and parents sued in 2014, a federal district court ruled that such an overtly Christian show violated the First Amendment and its ban on the establishment of a state religion. But when the school later made substantial changes — removing the bible readings and adding songs representing Hanukkah and Kwanzaa, among others — both the district judge and an appeals court said the new version of the show passed constitutional muster.
In her 2018 appellate opinion, Judge Diane Wood waxed poetic – saying that “since ancient times, people have been celebrating the winter solstice” and that the Concord High case put the court “in the uncomfortable role of Grinch.”
“But we accept this position, because we live in a society where all religions are welcome,” Judge Wood wrote. “The Christmas Spectacular program Concord actually presented in 2015 — a program in which cultural, pedagogical, and entertainment value took center stage — did not violate the Establishment Clause.”
Before Mariah was the “Queen of Christmas,” that title was sometimes used for Darlene Love – and the original queen hasn’t been afraid to enforce her rights to her iconic holiday tracks “A Marshmallow World” and “Christmas (Baby Please Come Home).”
Back in 2016, attorneys for Love filed a lawsuit against Google over allegations that the tech giant used “Marshmallow” without permission in advertisements for its Nexus smartphones. A few months later, she filed a nearly-identical lawsuit against cable network HGTV, accusing the channel of using “Come Home” in another set of ads.
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