Music
The Many Lawsuits Surrounding Christmas Music Biz
2024-12-17
Holiday music holds a significant place in the business world and often leads to legal disputes. This article delves into the various aspects of holiday music litigation and its impact on the industry.
Uncover the Legal Turmoil of Holiday Music
'All I Want For Christmas Is': The Copyright Conundrum
Mariah Carey's "All I Want For Christmas Is You" is a modern holiday anthem, reclaimed the top spot on the Hot 100 for six consecutive years and earned a whopping $8.5 million globally in 2022. However, songwriter Vince Vance alleges that Carey stole key elements from his 1989 song of the same name. Vance claims extensive airplay of his earlier track during the 1993 holiday season. Carey's lawyers argue that the similarities are unprotectable and in the public domain. With Christmas approaching, it seems likely that the judge will side with Carey and dismiss the case.In 2022, Carey faced copyright infringement allegations. Her legal team stated that the two songs only shared generic similarities like basic Christmas terminology and a simple message used in many Christmas songs. "The claimed similarities are an unprotectable jumble of elements," they wrote.Good Grief: 'Charlie Brown Christmas' vs. Dollywood
In 2019, just before Lee Mendelson passed away, his production company sued Dolly Parton's Dollywood theme park. The lawsuit accused Dollywood of using the music from "A Charlie Brown Christmas" without permission. The songs from Vince Guaraldi's legendary soundtrack, including "Christmas Time Is Here," are part of the Christmas canon. Lee Mendelson Film Productions Inc. claimed Dollywood's use was "willful copyright infringement" and "blatant disregard" of the law. Dollywood had a blanket license from BMI but needed a separate "dramatic license" for the stage play. In 2021, both sides agreed to a confidential settlement to resolve the case.Concert Clash: Holiday Cheer or State Religion?
The question of whether Christmas concerts at public schools violate the separation of church and state has been fought in court many times. In 2015, a federal appellate judge weighed in. For decades, Concord High School in Elkhart, Indiana held an annual winter concert with an "elaborate, student-performed nativity scene" featuring religious songs. After a lawsuit in 2014, a federal district court ruled it violated the First Amendment. But after substantial changes, including removing bible readings and adding other holiday songs, both the district judge and the appeals court said the new version passed constitutional muster. Judge Diane Wood wrote that the program put the court "in the uncomfortable role of Grinch" but that it did not violate the Establishment Clause.Baby Please: Darlene Love's Voice Rights
Before Mariah was the "Queen of Christmas," Darlene Love held that title. In 2016, Love's attorneys filed lawsuits against Google and HGTV for using her holiday tracks "A Marshmallow World" and "Christmas (Baby Please Come Home)" in advertisements without permission. They claimed the companies violated her right of publicity by using her voice, falsely implying she endorsed the products. Her lawyers wrote that the companies' actions were despicable. However, the litigation never went far as Love dropped the lawsuits later that year.'Christmas in Dixie' Royalties Battle In Australia
Allan Caswell sued his own music publisher, Sony ATV Music Publishing Australia, claiming they failed to collect royalties from Alabama's "Christmas in Dixie" which he alleged stole elements from his earlier song "On The Inside". He didn't sue Alabama directly as they were signed to another unit at Sony. According to the lawsuit, the publisher's musicologist concluded the two tracks shared a level of similarity beyond coincidence. In 2014, an Australian judge dismissed the claims, ruling there was no evidence that Alabama frontman Teddy Gentry had heard "On The Inside" before writing his Christmas track.Jailhouse Rockin' Around the Christmas Tree
In 2009, Arizona inmate William Lamb sued Maricopa County Sheriff Joseph Arpaio for violating his constitutional rights with non-stop holiday tunes at a Tucson correctional facility. The prison played a continuous slate of Christmas music from 9 am to 7 pm, including secular and traditional tracks. Lamb alleged that the music marathons forced him to participate in a religious holiday without choice, violating the First Amendment. Arpaio argued that the music served a secular purpose of reducing inmate tension and promoting safety. A federal judge agreed, saying the music had a valid non-religious purpose and didn't primarily push religion on the inmates.Music Business Year In Review
Holiday music is not only a big business but also a source of various legal issues. From copyright battles to disputes over religious freedom in concerts, the holiday music industry has seen its fair share of legal turmoil. This year has been no exception, with numerous cases making headlines and shaping the future of holiday music.