Christmas music adds sparkle, magic, and warm feelings to an already wonderful season. Full of tradition and sentimentality, these are the most beloved songs for many people, religious or not. Perhaps that is why eleven of the top twenty most covered songs are Christmas songs.

Many Christmas songs date back to the 1800s. These songs are well known and they stir memories and emotions from happy Christmases past. When selecting songs for your holiday album, it is useful to consider which of these cherished classics are in the Public Domain and which are copyrighted. Copyrighted songs require permission from the owner in the way of a mechanical license; Public Domain songs require no permission and can save you money on licensing costs.

So, how can you be sure which holiday classics are in the Public Domain and which are copyrighted? Read on to learn the answer to this question and more.

What is Public Domain?
Public Domain is a term for songs where legal copyright protections have expired and no permission from the owner is required to use the work.

What makes a song Public Domain?
Any song written before 1923 is in the Public Domain and does not require licensing for any use. One exception is sound recordings, where Public Domain status is handled differently from songs (compositions). Currently no sound recordings are in the Public Domain in the United States. Also, publishers often copyright new arrangements of Public Domain works. Even if the song itself is Public Domain, if you play from a copyrighted sheet music arrangement, you need permission.

How can I know for sure that a song is Public Domain?
The easiest and best way to know for sure whether a song is in the Public Domain is to submit it to us for a free search. We research the Public Domain status of the song for you so that you can be one hundred percent certain. If the work is in the Public Domain, we will tell you and you won't have to get a license. If it is copyrighted, we can help you get the permission you need to distribute your recording legally.

How can I research Public Domain status myself?
If you would like to research for yourself whether a song is in the Public Domain, here's how to do it: First, try searching Wikipedia for the song title plus the word 'song' at the end. For example, if you want to search the Beatles song "Here Comes the Sun", enter the search phrase "Here Comes the Sun Song". This will help you find the Wikipedia song page. There, you can find the year the song was released. If the release date is before 1923, if the song has no composer, or if it is a folk song, the song is in the Public Domain. If you cannot find the song in Wikipedia, you can also try searching the databases at PDInfo.com, CPDL.org, and cyberhymnal.org. Finally, Google is also a good resource. As long as you can find solid evidence that the song was written before 1923, you are clear.

What must I do if a song is not in the Public Domain?
If you want to record a song that is not Public Domain you need a Mechanical License. A Mechanical License allows you to legally distribute your recording of a copyrighted song you did not write (cover song). Reputable manufacturers will require Proof of Licensing before they make your CDs.

How do I get a Mechanical License?
We can help you get a Mechanical License to legally record your version of any song legally in 1-2 business days. To start, we simply need some information about your project and about the song you want to use. You can submit that information to us online by clicking here, or you can call us at 1-800-360-5192.

Do I need a Mechanical License for Public Domain songs?
No. You can submit your entire song list to us and we will research the Public Domain status for you. If we find a song to be in the Public Domain you will not have to pay anything. If you already purchased your licenses, we will refund the entire amount paid for any Public Domain songs.