PD Christmas songs

[daveydad]

Saw a dispatch listing for public domain Christmas music. What makes a song public domain? Pre-1922? I wondered if I Wonder as I Wander was one but appears it was composed in 1933 or so...

[mikemichnya]

Hey Davey,

The Stanford Universities Library web page has this to say about public domain:

"Copyright has expired for all works published in the United States before 1923. In other words, if the work was published in the U.S. before January 1, 1923, you are free to use it in the U.S. without permission... These rules and dates apply regardless of whether the work was created by an individual author, a group of authors, or an employee (a work made for hire).

Because of legislation passed in 1998, no new works will fall into the public domain until 2019, when works published in 1923 will expire. In 2020, works published in 1924 will expire, and so on. For works published after 1977, if the work was written by a single author, the copyright will not expire until 70 years after the author’s death. If a work was written by several authors and published after 1977, it will not expire until 70 years after the last surviving author dies."

- See more at: http://fairuse.stanford.edu/overview/pu ... ZjQ52.dpuf

So by my calculations, "I Wonder as I Wander" becomes public domain in 2029...

[daveydad]

Aww shucks!

[mikemichnya]

But wait! I read the article after I posted my reply and then my internet connection crapped out for the night. You might still have a chance...

1) If the copyright owner failed "to file a renewal with the Copyright Office during the 28th year after publication. No renewal meant a loss of copyright." You'd have to research the records in the copyright office, but it's worth a shot.

2) If the copyright owner deliberately placed the work in the public domain (not likely, but possible). You'd have to either ask the copyright owner (not necessarily the same as the person who created the work).

Maybe there's some hope yet!

[Paulie]

Here's a good list from a very reputable source.

http://bobbyowsinski.blogspot.com/2011/ ... z49eDaIiBO

I've got two tracks ready, but they are not on the list.

In The Public Domain
“Angels We Have Heard On High”
“Away In A Manger”
“Deck The Halls”
“God Rest Ye Merry Gentlemen”
“Good King Wenceslas”
“Hark! The Herald Angels Sing”
“It Came Upon The Midnight Clear”
“Jingle Bells”
“Joy To The World”
“O Come All Ye Faithful”
“O Come O Come Emmanuel”
“O Holy Night”
“O Little Town of Bethlehem”
“Silent Night”
“The First Noel”
“The Twelve Days of Christmas”
“We Wish You A Merry Christmas”
“What Child Is This”

Not In The Public Domain (including the songwriters)
“All I Want For Christmas Is My Two Front Teeth” (Donald Yetter Gardner)
“Do You Hear What I Hear?” (Noel Regney, Gloria Shayne Baker)
“Santa Claus Is Coming To Town” (Fred Coots, Haven Gillespie)
“A Holly Jolly Christmas” (Johnny Marks)
“Carol Of The Bells” (Peter J. Wilhousky, Mykola Leontovich)
“Feliz Navidad” (Jose Feliciano)
“Frosty The Snowman” (Steve Nelson, Walter E. Rollins)
“Have Yourself A Merry Little Christmas” (Ralph Blane, Hugh Martin)
“Here Comes Santa Claus (Right Down Santa Claus Lane)” (Gene Autry, Oakley Haldeman)
“I’ll Be Home For Christmas” (Walter Kent, Kim Gannon, Buck Ram)
“It’s The Most Wonderful Time Of The Year” (Edward Pola, George Wyle)
“Jingle Bell Rock” (Joseph Carleton Beal, James Ross Boothe)
“Let It Snow! Let It Snow! Let It Snow!” (Sammy Cahn, Jule Styne)
“Little Drummer Boy” (Katherine K. Davis, Henry V. Onorati, Harry Simeone)
“Rockin’ Around The Christmas Tree” (Johnny Marks)
“Rudolph The Red Nosed Reindeer” (Johnny Marks)
“Silver Bells” (Jay Livingston, Ray Evans)
“Sleigh Ride” (Leroy Anderson, Mitchell Parish)
“The Christmas Song (Chestnuts Roasting on an Open Fire)” (Mel Tormé, Robert Wells)
“White Christmas” (Irving Berlin)
“Winter Wonderland” (Felix Bernard, Richard B. Smith)

[daveydad]

Thanks for the info! Probably easier just to do one from the official list!

But wait! I read the article after I posted my reply and then my internet connection crapped out for the night. You might still have a chance...

1) If the copyright owner failed "to file a renewal with the Copyright Office during the 28th year after publication. No renewal meant a loss of copyright." You'd have to research the records in the copyright office, but it's worth a shot.

2) If the copyright owner deliberately placed the work in the public domain (not likely, but possible). You'd have to either ask the copyright owner (not necessarily the same as the person who created the work).

Maybe there's some hope yet!

[HenriettaAtkin]

Daveydad,

IMSLP has good information about copyright in the U.S. and EU countries, plus tons of free sheet music