There is also intellectual property in carols.

The most beautiful time of the year is already here, and with it come all the Christmas traditions that we enjoy so much. Gift exchanges, Christmas dinner with those dishes that we only bring out once a year, hot chocolates, family gatherings, and obviously, the Christmas carols. Those songs whose rhythm transports us to our childhood, and their lyrics fill us with hope. Songs that seem to have no owner, as they are on everyone’s lips from the beginning of December and are passed down from generation to generation.

So it becomes interesting to question the rights that the authors of these very special songs have.

In the Dominican Republic, copyright is covered by Law 65-00, and the country is also a signatory to the Berne Convention, which regulates these rights internationally. According to national legislation, copyright arises with the work, making it inherent to its creator and independent of the formalities contemplated in the law. Both national and international legislation establish that “copyright” includes, among other things, the protection of literary and artistic works, including musical compositions, with or without lyrics. So it is clear that, even though they seem to belong to everyone, Christmas carols belong to their creators, in terms of rights.

However, these rights are not infinite, as they have an expiration date. According to both national and international legislation, the copyright belongs to the creator of the work throughout their lifetime, and after their death, it passes to their spouse, heirs, and assigns for a period of fifty years from the death. In the case of collaboration, the 50-year period runs from the date of death of the last co-author.

Once the fifty years have passed, the work becomes public domain, which means that the use of these works will be free. On the other hand, those songs that have not entered the public domain cannot be used freely and are subject to the famous “copyright,” so their use should, in principle, be remunerated to the author.

Surprisingly, although we would think that all Christmas carols are in the public domain (because we have been hearing them all our lives), there are some, such as “Santa Claus Is Coming to Town,” “A Holly Jolly Christmas,” “Jingle Bell Rock,” “Rockin’ Around the Christmas Tree,” “Feliz Navidad,” “Have Yourself a Merry Little Christmas,” “Here Comes Santa Claus,” “Last Christmas,” and “Ya Llegó la Navidad” that have not yet entered the public domain, so they should not be used without authorization.

But fortunately, there are Christmas carols like “Jingle Bells,” “Silent Night,” “The First Noel,” “The Twelve Days of Christmas,” “We Wish You a Merry Christmas,” “Deck the Halls,” “Santa Claus Is Coming to Town,” “Jingle Bell Rock,” and “Have a Holly Jolly Christmas” that are already in the public domain. So they belong to everyone and for everyone, as long as the authorship and integrity of the musical work are always respected.

So, the next time you think about using Christmas carols, think twice and make sure they are those that are already in the public domain.