What About That Holiday Song? Navigating Public Domain & Copyright in 2025
Karen Maher, MBA
Music Marketing Agency Exec | Seeking partners for strategic partnerships in the music industry to support Artists development. Fan Listening Music Tracks; Immersive AR Campaigns, Music & Video Distribution, & E-comm
“Silent Night,” composed over two centuries ago by Austrian villagers, still resonates with audiences worldwide. Its enduring popularity might prompt you to wonder: What about that holiday song? How does a timeless piece like “Silent Night” influence today’s music creators, especially as we move into 2025’s shifting musical landscape?
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While “Silent Night” itself is in the public domain, newer arrangements and lyric translations may still be copyrighted if they contain original elements. This is just one example of how understanding public domain material can be a powerful asset for independent artists. In a world where technology, streaming, distribution, and intellectual property laws are rapidly evolving, modern musicians need to be legally savvy and forward-thinking about the business side of their art.
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Building a Sustainable Music Career in 2025
In today’s industry, success goes beyond writing great songs or nailing that perfect vocal take. It involves strategic planning and professional rigor. Forming an LLC, crafting a solid business plan, registering trademarks, and skillfully managing copyrights are all integral parts of ensuring a stable, long-term future in music. The reality is that every creative decision you make—right down to whether you cover a holiday classic—can have legal and financial implications.
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Public Domain vs. Copyright: Understanding the Nuances
Many beloved holiday songs are now in the public domain. Classics like "O Christmas Tree," "Silent Night," and "Jingle Bells" were written before 1926, allowing them to be freely used, recorded, and performed. Yet, as “Silent Night” has demonstrated, modern interpretations still chart globally, with versions from Josh Groban, Glasvegas, Mariah Carey, Elvis Presley, Nat King Cole, and The Temptations each finding renewed audiences over the decades.
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If you are curious about which holiday tunes are public domain or how to license the ones that are not, resources like HypeBot’s guide on public domain holiday songs can help. https://www.hypebot.com/hypebot/2020/11/list-of-public-domain-holiday-songs-and-how-to-license-the-ones-that-arent.
Keep in mind:
Public Domain: Use these songs without permissions or royalties.
Copyrighted Arrangements & Works: Modern interpretations, translations, or arrangements often require licensing or permission.
Secular Ownership: Some holiday songs, carols, and hymns are copyrighted and owned by music publishers, necessitating proper licensing before use.
For instance, "White Christmas" remains under copyright and requires permission for certain uses. This careful attention to legal boundaries is essential if you want to avoid potential disputes down the line.
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Some examples from Wiki:
2007–2008: Josh Groban No.?5 on the Norwegian Charts[37] and No.?19 on the U.S. Billboard Adult Contemporary Chart[38]
2008: Glasvegas No.?42 on the Swedish Charts[39]
2009: Mariah Carey No.?67 on the U.S. Billboard Digital Song Sales Chart[40]
2013–2014: Elvis Presley No.?120 on the French Charts[41]
2013–2014: Nat King Cole No.?125 on the French Charts[42]
2017: The Temptations No.?11 on the Swedish Heatseeker (Sverigetopplistan) charts
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Seizing Opportunities in an Evolving Industry
As 2025 unfolds, the music landscape will continue to shift. Whether you are remixing a holiday standard, planning a new release strategy, or exploring business structures, staying informed and adaptable will position you for success. Knowing how to leverage the public domain, understanding when licensing is necessary, and building a sound legal foundation ensures you are ready to seize emerging opportunities.
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A Timeless Note
In the spirit of the holidays, remember that many traditional songs like “Silent Night” can be performed or recorded without permission. This creative freedom, balanced with careful research and professional guidance, helps artists thrive in an era defined by both tradition and innovation.
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Happy Holidays—and here is to a successful and well-informed new year in music
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