holiday music
A songwriter who unsuccessfully sued Mariah Carey over “All I Want for Christmas is You” is pleading with a judge to reject demands that he repay her six-figure legal bill, warning it would push an “elderly man” to “the brink of a financial collapse.”
After beating Vince Vance’s copyright lawsuit over her holiday classic, Carey, Sony Music and other defendants told the judge earlier this month that they had paid nearly $186,000 to a team of lawyers to defeat “frivolous” motions advanced by Vance’s attorneys.
But in a response filing on Monday, Vance’s lawyers said that such a award was “simply not reasonable” and completely out of proportion for the amount of litigation at issue – and that it could bankrupt an an “elderly man now without vast resources.”
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“The plaintiff is elder and living off his music catalog and some touring,” the songwriter’s attorneys say. “One artist should not push another artist to the brink of a financial collapse.”
Vance (real name Andy Stone) first sued Carey in 2022, claiming “All I Want” infringed the copyrights to a 1989 song of the exact same name by his Vince Vance and the Valiants. He said his track had received “extensive airplay” during the 1993 holiday season — a year before Carey released her now-better-known hit.
The case was a big deal because Carey’s song is big business. The 1994 hit, which became even more popular after it appeared in the 2003 holiday rom-com Love Actually, has re-taken the top spot on the Hot 100 for six straight years and earned a whopping $8.5 million in revenue in 2022.
But in a ruling last month, Judge Mónica Ramírez Almadani said Vance had failed to show that the songs were similar enough to violate copyright law. She cited analysis by a musicologist who said the two tracks were “very different songs” that shared only “commonplace Christmas song clichés” that had been used in many earlier tracks.
The judge not only tossed out Vance’s case, but also ruled that he and his lawyers should be punished for advancing meritless arguments that the judge said were aimed to “cause unnecessary delay and needlessly increase the costs of litigation.”
Earlier this month, Carey and the other defendants told the judge they had paid a combined $185,602.30 for a total of 295 hours to defeat those motions. They said they spent a lot because Vance was demanding “drastic” thing, like $20 million in damages and the “destruction” of all copies of Carey’s song.
Carey, repped by Peter Anderson and others from the law firm Davis Wright Tremaine, asked for about $141,000; Walter Afanasieff, a co-writer on Carey’s track repped by Kenneth D. Freundlich, asked for $7,000; Sony Music, represented by Benjamin Akley, Donald Zakarin, Ilene Farkas and others from Pryor Cashman, asked for $32,000; and Kobalt, repped by Bert Deixler and others from Kendall Brill & Kelly LLP, asked for $5,000.
But in Tuesday’s response, Vance’s lawyer (Gerard P. Fox) said those demands were far too high for a case that he said had been filed with good intentions and sound legal reasoning.
“He heard something that to him seemed substantially similar and spent money that is sparse for him on two of the top musicologists in the country and asked them for their independent opinions, and they both gave him the same opinion: there was infringement,” Fox writes.
“The loss of this case … is staggering enough for this plaintiff and saddling him with $185,000 of big law firm billing that is unreasonable and forcing him to sell parts of his catalogue of music will accomplish nothing,” the lawyer writes.
After beating a copyright lawsuit over her holiday classic “All I Want for Christmas is You,” Mariah Carey and other defendants say the little-known songwriter who filed the case must now repay more than $180,000 they spent on lawyers defending his “frivolous” arguments.
When a federal judge dismissed Vince Vance’s lawsuit last month – ruling the two songs mostly just shared “Christmas song clichés” – she sharply criticized the songwriter and his lawyers for “egregious” conduct during the case and ordered him to repay some of Carey’s legal bill.
On Wednesday, that bill came due: Carey and the other defendants in the case told the judge they spent a combined $185,602.30 paying a team of high-priced lawyers to work a total of 295 hours to defeat the “frivolous” motions advanced by Vance’s attorneys.
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If that sounds like a lot, Carey’s lawyers say its because Vance was making radical demands.
“The court should consider that [Vance was] seeking, among other things, $20 million in damages, injunctive relief, and even the destruction of all copies of ‘All I Want for Christmas Is You,’” her attorneys say. “Considering such drastic requested relief, and the results obtained, defendants were perfectly justified in incurring the aforementioned attorney’s fees to successfully oppose plaintiffs’ motion.”
Vance (real name Andy Stone) first sued Carey in 2022, claiming “All I Want” infringed the copyrights to a 1989 song of the exact same name recorded by his Vince Vance and the Valiants. He claimed the earlier track received “extensive airplay” during the 1993 holiday season — a year before Carey released her now-better-known hit.
“Carey has … palmed off these works with her incredulous origin story, as if those works were her own,” Vance wrote in his latest complaint. “Her hubris knowing no bounds, even her co-credited songwriter doesn’t believe the story she has spun.”
Vance’s allegations were a big deal because Carey’s song is big business. The 1994 blockbuster, which became even more popular after it was featured in the 2003 holiday rom-com Love Actually, has re-taken the top spot on the Hot 100 for six straight years and earned a whopping $8.5 million in global revenue in 2022.
But in a ruling last month, Judge Mónica Ramírez Almadani said Vance had failed to show that the songs were similar enough to violate copyright law. She cited analysis by a musicologist who said the two tracks were “very different songs” that shared only “commonplace Christmas song clichés” that had been used in many earlier tracks.
“Plaintiffs have not met their burden of showing that [the songs by] Carey and Vance are substantially similar under the extrinsic test,” Ramírez Almadani wrote at the time, using the legal term for how courts assess such allegations.
The judge not only tossed out Vance’s case, but also ruled that he and his lawyers should be punished for advancing meritless arguments that the judge said were aimed to “cause unnecessary delay and needlessly increase the costs of litigation.”
In Wednesday’s filing, the defendants told the judge how much Vance should pay under that order – saying they had been charged reasonable or even below-market rates from elite music litigators at top law firms.
Carey, repped by Peter Anderson and others from the law firm Davis Wright Tremaine, asked for about $141,000; Walter Afanasieff, a co-writer on Carey’s track repped by Kenneth D. Freundlich, asked for $7,000; Sony Music, represented by Benjamin Akley, Donald Zakarin, Ilene Farkas and others from Pryor Cashman, asked for $32,000; and Kobalt, repped by Bert Deixler and others from Kendall Brill & Kelly LLP, asked for $5,000.
The judge will rule on the request at some point in the weeks or months ahead. Vance’s attorneys will be allowed to file a response disputing the calculation; they can also appeal the ruling dismissing their case, though such a challenge will likely face long odds.
Hit songs come and go — artists last. What lasts even longer, though, are Christmas songs, which stream every year — and generate revenue accordingly.
The biggest example is Mariah Carey’s “All I Want for Christmas Is You,” which reemerges on the Billboard Hot 100 toward the end of every year — it has hit No. 1 annually since 2019 — heralded by a Carey video announcement that “It’s Tiiiiime.” How popular is it? It is the No. 16 biggest song of all time by U.S. consumption, a weighted measure of digital sales and streaming used by Luminate for about a decade. It is also the No. 42 song of all time in U.S. on-demand audio streaming.
The steadiness of the song’s popularity suggests that there’s a chance it could be the biggest hit of the 21st century, although it’s obviously impossible to know, or even figure out how such things might be measured in the future. There is a precedent, though. Bing Crosby’s 1942 recording of “White Christmas” is said to be the best-selling single of all time, with 50 million copies worldwide, according to the Guinness Book of World Records. Is “All I Want for Christmas” emerging as a next-century successor of sorts?
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It’s possible. Most hits get big fast, stay big for a while, and remain big-ish for years, sometimes with a boost from an artist’s subsequent releases. Holiday hits get big every year and disappear like Frosty the Snowman, only to come back the following fall, as predictable as the holiday season itself. Carey released “All I Want for Christmas” as a radio single from her 1994 album Merry Christmas, but it didn’t hit the top 10 of the Hot 100 until December 2017. By then, the charts reflected rising streaming listenership, as well as radio play and decreasing sales. Streaming fueled the song’s rise to No. 1 in 2019 (for three weeks), then in 2020 (for two weeks), 2021 (three weeks), 2023 (two weeks) and now 2024 (three weeks as of the chart dated Dec. 28). It has now spent 17 weeks at No. 1 on the Hot 100 in total — the most of any song except Shaboozey’s “A Bar Song (Tipsy)” and Lil Nas X’s “Old Town Road” (featuring Billy Ray Cyrus), each of which occupied the top spot for 19 weeks. Unlike those songs, though, “All I Want for Christmas” may continue to hit No. 1 on the Hot 100 for years to come.
The list of songs with the most on-demand streams skews toward songs from a few years ago, since they have had a few more years to generate streams, and toward music that appeals to younger listeners, who were early adopters of Spotify and other services. Of the top 100, most of the songs came out after 2010, and almost all of them after 2000. The only older songs that have been streamed more than Carey’s are Fleetwood Mac’s “Dreams” (No. 27) and Journey’s “Don’t Stop Believin’” (No. 31), according to Luminate; the only other older songs in the top 100 are the Eagles’ “Hotel California,” Queen’s “Bohemian Rhapsody,” and, at 95, Brenda Lee’s “Rockin’ Around the Christmas Tree.”
Like most holiday hits, “All I Want for Christmas” does well worldwide — especially in English-speaking markets like the U.K. and Canada, where this year it hit No. 1 on the Billboard Canadian Hot 100. It’s also popular beyond the Anglosphere: This year the song topped the German Top 100 Single Chart, as well as the Austrian chart and the Swiss chart, and its popularity is growing elsewhere. (At a time when Anglo-American recordings are losing market share to local-language music in most European markets, English Christmas songs still do well. For the chart week of Dec. 20-26, for example, nine of the top 10 singles on the Official German Charts were English-language Christmas songs.) “All I Want” is No. 48 on the songs with the most on-demand streams internationally, according to Luminate.
One reason for the song’s success is how much Carey leans into the song’s seasonal success. She is far more popular than any of the other acts with big Christmas songs: She has had 19 No. 1 Hot 100 hits, second only to The Beatles, with 20, and she has hit No. 1 in a record 20 different years. Some artists with that kind of career would blanch at the idea of being identified with holiday music, but Carey embraced it — to the point that she applied for a trademark on the title “Queen of Christmas,” albeit unsuccessfully. In addition to her annual video announcement of the season, now something of an event in itself, she does an annual Christmas tour, which this year included 18 arena shows. In 2023, “All I Want for Christmas” accounted for 23% of her streams, according to Luminate.
It’s impossible to predict whether the song will become the most popular of the century — or even how Billboard might measure such things by then. “All I Want for Christmas” certainly isn’t going anywhere: Its on-demand streams grew 15% and 8.3% in 2022 and 2023, respectively, according to Luminate, compared to overall on-demand streaming growth of 12.1% and 12.7%. But it’s also not gaining ground on the current on-demand streaming champion, Post Malone and Swae Lee’s “Sunflower,” which had 333.12 million on-demand streams in the U.S in 2023, compared to 249 million for “All I Want for Christmas.”
Then again, holiday songs are nothing if not evergreen. For the past few years, the top four songs on Billboard’s Holiday 100 chart have been Carey’s, “Rockin’ Around the Christmas Tree,” “Jingle Bell Rock” and “Last Christmas.” Carey’s is by far the newest of the four. The second-biggest holiday hit, “Rockin’ Around the Christmas Tree,” which hit No. 1 on the Hot 100 for three weeks last holiday season, was recorded in 1958 — 66 years ago. If “All I Want for Christmas” has the same kind of run, it could still be No. 1 in 2060 — whatever kind of listening that might include 35 years from now.
12/19/2024
While decades-old classics tend to dominate the holidays, here are 25 relatively new seasonal songs that have connected with listeners.
12/19/2024
Holiday music is a big business. It’s also a big source of litigation.
When Mariah Carey’s “All I Want For Christmas Is You” stormed back to the top of the Hot 100 this month, it wasn’t alone. Each of the current top five songs are holiday tracks, with Brenda Lee’s “Rockin’ Around The Christmas Tree” in second and Wham!’s “Last Christmas” coming in fourth.
All those streams make for some serious royalty money. Lee’s perennial classic earned nearly $4 million in 2022, and even lesser songs like “The Chipmunk Song (Christmas Don’t Be Late)” typically earn hundreds of thousands per year. In 2018, Billboard estimated that the entire Christmas music genre raked in $177 million in the U.S. market alone – a total that has almost certainly grown in the years since.
And where popularity and money go, lawsuits usually follow. As veteran music industry attorneys are fond of saying: “Where there’s a hit, there’s a writ”
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With the holidays right around the corner, Billboard is breaking down the many times that Christmas music has ended up in court – from Mariah’s ongoing copyright battle over “All I Want For Christmas Is You” to Darlene Love’s fights with streamers to repeated courtroom clashes over religious freedom. Here are the five big cases you need to know:
‘All I Want For Christmas Is’ … A Copyright Lawsuit
Carey’s 1994 blockbuster is THE modern holiday song – now re-taking the top spot on the Hot 100 for six straight years and earning a whopping $8.5 million in global revenue in 2022. So it’s no surprise that she’s facing a lawsuit seeking a cut of that cash.
Starting in 2022, Carey has faced copyright infringement allegations from songwriter named Vince Vance, who claims she stole key elements of “All I Want for Christmas is You” from his 1989 song of the same name. He claims that the earlier track, released by his Vince Vance and the Valiants, received “extensive airplay” during the 1993 holiday season — a year before Carey released her now-better-known hit.
“Carey has … palmed off these works with her incredulous origin story, as if those works were her own,” Vance wrote in his latest complaint. “Her hubris knowing no bounds, even her co-credited songwriter doesn’t believe the story she has spun.”
Unsurprisingly Carey’s lawyers see things differently. In a motion filed earlier this year seeking to end the case, her legal team argued that the two songs shared only generic similarities that are firmly in the public domain – including basic Christmas terminology and a simple message that’s been used in “legions of Christmas songs.”
“The claimed similarities are an unprotectable jumble of elements: a title and hook phrase used by many earlier Christmas songs, other commonplace words, phrases, and Christmas tropes like “Santa Claus” and “mistletoe,” and a few unprotectable pitches and chords randomly scattered throughout these completely different songs,” Carey’s attorneys wrote at the time.
With Christmas now looming, it looks like Vance might be getting a lump of coal in his stocking: At a hearing last month, the judge overseeing the lawsuit said she would likely side with Carey and dismiss the case.
Good Grief: ‘Charlie Brown Christmas’ Sues Dollywood
Less than two months before Peanuts television producer Lee Mendelson passed away in 2019, his production company sued Dolly Parton’s Dollywood theme park – accusing the park of using the music from his “A Charlie Brown Christmas” without permission.
The songs of jazz pianist Vince Guaraldi’s legendary soundtrack to the 1965 television special, including classic originals as well as updated standards like “O Tannenbaum,” are firmly in the Christmas canon – and none more so than “Christmas Time Is Here,” which Guaraldi co-wrote with Mendelson.
In a lawsuit lodged in federal court, Lee Mendelson Film Productions Inc. accused Dollywood of using that song for decades in Christmas-themed theatrical production without proper licenses, calling it “willful copyright infringement” and “blatant disregard” of the law.
As is often the case in such lawsuits, Dollywood had secured a blanket license from BMI to publicly play millions of songs for its guests, but would have needed a separately-negotiated “dramatic license” to use it in a stage play: “Defendant knew from the beginning of its infringement that its performance license from BMI does not cover ‘grand’ or ‘dramatic’ rights,” the company wrote.
With a trial set to kick off in December 2021, both sides agreed to a confidential settlement that summer to resolve the case.
Concert Clash: Holiday Cheer or State Religion?
Do Christmas concerts at public schools violate the U.S. Constitution’s separation of church and state? It’s a question that’s been fought in court many times – and when a federal appellate judge weighed it in 2015, she didn’t miss the opportunity to sprinkle holiday references into her opinion.
For decades, Concord High School in Elkhart, Indiana held an annual winter concert centered on an “elaborate, student‐performed nativity scene,” featuring religious songs (including “Jesus, Jesus, Rest Your Head”) along with a narrator reading passages from the New Testament.
Unsurprisingly, after students and parents sued in 2014, a federal district court ruled that such an overtly Christian show violated the First Amendment and its ban on the establishment of a state religion. But when the school later made substantial changes — removing the bible readings and adding songs representing Hanukkah and Kwanzaa, among others — both the district judge and an appeals court said the new version of the show passed constitutional muster.
In her 2018 appellate opinion, Judge Diane Wood waxed poetic – saying that “since ancient times, people have been celebrating the winter solstice” and that the Concord High case put the court “in the uncomfortable role of Grinch.”
“But we accept this position, because we live in a society where all religions are welcome,” Judge Wood wrote. “The Christmas Spectacular program Concord actually presented in 2015 — a program in which cultural, pedagogical, and entertainment value took center stage — did not violate the Establishment Clause.”
Baby Please: Darlene Love Sues Over Her Voice
Before Mariah was the “Queen of Christmas,” that title was sometimes used for Darlene Love – and the original queen hasn’t been afraid to enforce her rights to her iconic holiday tracks “A Marshmallow World” and “Christmas (Baby Please Come Home).”
Back in 2016, attorneys for Love filed a lawsuit against Google over allegations that the tech giant used “Marshmallow” without permission in advertisements for its Nexus smartphones. A few months later, she filed a nearly-identical lawsuit against cable network HGTV, accusing the channel of using “Come Home” in another set of ads.
Darlene Love photographed on November 14, 2020 in Spring Valley, NY.
Mackenzie Stroh
Those might sound like copyright lawsuits, but they weren’t. Instead, Love accused the companies of violating her so-called right of publicity by using her voice in the commercial, claiming that her voice was so well known that using the songs falsely implied she had endorsed those products.
“Defendant’s actions were despicable and in conscious disregard of Love’s rights,” her lawyers wrote at the time. “Defendant turned her into an involuntary pitchman for programs of dubious quality. Defendant created multiple commercials that falsely implied to the public that Love had endorsed HGTV’s programming.”
If successful, the cases could have raised difficult issues for advertisers who want to feature popular songs in their commercials — potentially requiring that they both clear the copyrights to the music and obtain explicit permission from any famous performers. But the litigation never got far: Love dropped her lawsuits later that year.
‘Christmas in Dixie’ Royalties Battle In Australia
When a singer-songwriter named Allan Caswell filed a lawsuit claiming that the country band Alabama had stolen key elements of their 1982 country hit “Christmas in Dixie” from his earlier song “On The Inside,” the case came with a twist: He wasn’t actually suing the band itself.
Instead, he filed his lawsuit against his own music publisher, Sony ATV Music Publishing Australia, for failing to collect royalties from the allegedly copycat song. According to an iteration of the lawsuit filed in 2012, the publisher’s musicologist concluded years earlier that the two tracks “shared a level of similarity” that went beyond a “random occurrence of sheer coincidence.”
But why sue Sony and not Alabama? According to Caswell, it was that the American band was also signed to another unit at Sony – and he claimed that his publisher was refusing to take action as a result.
“That’s the problem,” Caswell told a local TV station in Australia. “I’m signed to Sony ATV. Alabama is signed to Sony Music. So it’s all in-house. There’s no incentive for them to take action. They basically can’t take action because they’d be suing themselves.”
In 2014, an Australian judge dismissed claims by Caswell, ruling there was no evidence that Alabama frontman Teddy Gentry had ever heard “On The Inside” before he wrote his Christmas track. “I am satisfied that it is unlikely that he could have heard the plaintiff’s song by picking it up from the theme music of episodes of Prisoner,” the judge said at the time.
Jailhouse Rockin’ Around the Christmas Tree
If you were subjected to “constant” holiday songs for 10 straight hours every single day while serving a prison sentence, you might file a lawsuit too.
That’s what an Arizona inmate named William Lamb did in 2009, accusing Maricopa County Sheriff Joseph Arpaio (yes, that Joe Arpaio) of violating his constitutional rights with a non-stop slate of Christmas tunes at a Tucson correctional facility.
According to Lamb, the prison swapped out regular television programming in favor of “constant Christmas music,” which was played in the facility “continuously and repeatedly” from 9 am to 7 pm. The playlist included secular tracks like Elmo & Patsy‘s “Grandma Got Run Over by a Reindeer” and The Chipmunks, but also the Tabernacle Choir singing traditional Christmas carols.
In his lawsuit, Lamb alleged that holiday music marathons “forced him to take part in and observe a religious holiday without being given a choice,” violating the First Amendment. Arpaio argued back that the music served a secular purpose, aimed at “reducing inmate tension and promote safety in the jails” during a “difficult time of year for inmates.”
In a ruling just a week before Christmas in 2009, a federal judge agreed – saying the music served a valid non-religious purpose and didn’t primarily push religion on the inmates.
“Although Plaintiff asserts in his complaint that the purpose of the music was to force him to participate in a religious holiday, he does not explain how playing the music had a primary effect of advancing religion,” the judge wrote in the ruling. “To be sure, some of the music was religious, but the Supreme Court held [in earlier cases] that some advancement of religion does give rise to an Establishment Clause violation. A remote or incidental benefit to religion is not enough.”
Music Business Year In Review
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Michael Bublé’s blockbuster holiday album Christmas returns to the top 40 of the all-genre Billboard 200 albums chart (dated Nov. 23), zooming from No. 72 to No. 35. Christmas is the first holiday album to reach the top 40 of the Billboard 200 in the current holiday season. Explore Explore See latest videos, charts and […]
Holiday music has exploded in popularity over the last decade as listeners hit play, again and again, on their favorite Christmastime songs on their favorite streaming services. The top 100 holiday tracks — track sales and on-demand audio streams in November and December — rose more than ten-fold from 2014 to 2022 compared to all-genre growth of 165% over those years.
But one group of songs has been left out of the holiday gold rush: religious songs.
Back in 2014, the top holiday song was Pentatonix’s version of “Mary, Did You Know?,” a song penned by Mark Lowry and Buddy Greene in 1991 and originally recorded by Christian recording artist Michael English the same year. In the November to December holiday listening period, that recording of “Mary, Did You Know?” had 276,000 track equivalent units, according to Luminate — with 92% coming from download purchases.
In 2022, the top song was a secular one: Mariah Carey’s omnipresent “All I Want for Christmas Is You,” which amassed 1.6 million track equivalent units in November and December. In 2023, both Carey and Brenda Lee’s “Rockin’ Around the Christmas Tree” are on pace to do even better thanks to constantly growing streaming numbers and the artists’ heavy media presences. Universal Music Group Nashville’s campaign for Lee, which included making an official video and an appearance on NBC’s Christmas at the Opry television special, pushed “Rockin’ Around the Christmas Tree” to No. 1 on the Hot 100 for the weeks ended Dec. 9 and 16.
In contrast, this year’s top religious holiday song, Pentatonix’s “God Rest Ye Merry Gentlemen,” ranks just No. 47. That lower ranking means fewer royalties from tracks and streams than the 46 secular songs in front of it. From Nov. 3 to Dec. 14, “God Rest” has only 19% of the track equivalent units of the No. 1 recording, “All I Want for Christmas Is You.”
The shift to secular holiday music has been abrupt. Pentatonix took the No. 1 spot in 2014 and the No. 2 spot in 2015, but by 2017, the top 10 holiday tracks were filled entirely with secular songs. Since 2018, no religious track has pierced the top 40. One of the top religious songs in recent years, Nat King Cole’s “O Come All Ye Faithful,” was No. 50 in 2022 and No. 46 in 2021.
Secular music’s command of the top 100 holiday recordings has widened over the last decade. In 2014 and 2015, 14 and 13 religious songs were among the top 100 holiday tracks, respectively. In each of the last three years, however, religious songs have accounted for only seven or eight of the top 100.
This change means religious songs have missed out on the recent financial bonanza. As secular songs dominate holiday listening, religious songs have won a smaller share of royalties. In 2014, 14 religious songs accounted for 83% of the top 100 holiday tracks’ royalties, according to Billboard’s estimate based on Luminate data. By 2022, seven religious songs accounted for just 4% of the top 100’s royalties. This year will have a similar disparity as only eight religious songs are currently in the top 100 holiday tracks.
Demographic shifts and the nature of popular holiday music suggest religious music will have a tough time making a comeback. As Billboard has reported, once a track becomes a holiday favorite, it gains a competitive advantage over other holiday tracks. That’s not to say a religious song can’t climb up the ranks in the coming years. But it takes multiple years for a new holiday recording to stick with listeners, and the young recordings with the most success — such as “Merry Christmas” by Elton John & Ed Sheeran and “Like It’s Christmas” by Jonas Brothers — are all secular. And with a declining Christian population in the United States to boot, it seems consumer sentiment is likely to match that trend, favoring songs about a special feeling this time of year over biblical themes.
The holiday season is a lousy time for new Christmas music. From one year to the next, the top of the chart sees little turnover.
During the last decade, Mariah Carey’s “All I Want for Christmas Is You” has been the top holiday song eight times, except in 2014 and 2016, when Pentatonix took the honors with “Mary, Did You Know” and a cover of Leonard Cohen’s “Hallelujah,” respectively. Brenda Lee’s “Rockin’ Around the Christmas Tree” and Bobby Helms’ “Jingle Bell Rock” are reliable runners-up. Of 2022’s top 10 holiday tracks, nine were also in the top 10 in 2021; six of them were in the top 10 in 2016. Reaching that region means outperforming some of the iconic recordings of the past 100 years, including Bing Crosby’s “White Christmas” and Nat “King” Cole’s “The Christmas Song.” It’s tough competition.
This year, Jordin Sparks is hoping to nudge into the Douglas fir-scented scrum with a multiplatform approach to establishing a Christmas-season earworm. The American Idol season 6 winner recently signed with Epidemic Sounds, a platform that licenses royalty-free music to content creators, and released the four-track EP The Gift of Christmas on Nov. 21, which includes covers of “Jingle Bells,” “Silent Night,” “O Come, All Ye Faithful” and “Angels We Have Heard on High.”
Epidemic Sound acts like a record label by releasing the EP to digital service providers and getting tracks on playlists. But the most powerful distribution mechanism is its army of content creators that attract huge audiences. According to Epidemic Sound chief of music Niklas Brantberg, music licensed from the platform is heard 2 billion times daily on YouTube and 500 million times daily on TikTok.
Sparks’ EP is off to a good start. The songs on The Gift of Christmas have been used thousands of times and amassed nearly 10 million views to date, according to the company. In just two weeks, her cover of “Jingle Bells” became the best-performing holiday track ever released at Epidemic Sounds.
Sparks’ holiday branding strategy also includes a three-part seasonal decorating and home improvement video series, Merry & Bright, which is sponsored by Home Depot and will be shown on the video streaming interface built into 22 million VIZIO TVs. Katlyn Wilson, director of branded content sales and strategy at VIZIO, says Sparks “was the perfect host for this,” adding, “She has done Christmas content before. Hopefully, it will be a great way for her to continue to establish herself in the Christmas space.”
The Gift of Christmas is not Sparks’ first foray into seasonal music. She released the holiday album Cider & Hennessy in 2020, and two of its songs were featured in the 2021 Hallmark Channel movie A Christmas Treasure, which co-starred Sparks.
The Hallmark Channel is so important to the holiday music business that BMG, Downtown Music Publishing, Kobalt Music Publishing and Seeker Music partnered with the cable network for songwriter camps in 2023. Hallmark executives clued in the creators to what they look for when licensing music. “So far, we’ve had five placements from that camp,” says Mariana Migliore, director of creative synch at BMG — two of them by HunterGirl, the runner-up on season 20 of American Idol. “The Hallmark Channel will promote [the songs] on their SiriusXM channel and Spotify playlists,” she adds.
Other platforms such as Netflix and Amazon Prime have followed Hallmark Channel’s lead and are getting more involved in Christmas movies. That presents an opportunity to get holiday music in front of large audiences that wouldn’t hear the music otherwise. “It feels like probably every other writer of ours is either an openly big fan of putting their music in that kind of project, or they are secretly obsessed with those projects,” BMG senior vp of creative synch Jonathan Palmer says. “It becomes like a bucket-list item for them.”
Exactly 65 years ago, Ross Bagdasarian‘s “The Chipmunk Song (Christmas Don’t Be Late)” — a novelty song featuring weird, high-pitched voices augmented in a recording studio — kicked off what would become the multimillion-dollar Alvin and the Chipmunks brand. Three weeks after its Dec. 1, 1958, release, the track topped the Billboard Hot 100, then went on to win three Grammy Awards and sell millions of records.
“They were born from a No. 1 song, which is unusual for most cartoon characters,” says Ross Bagdasarian Jr., whose father — the creator of Alvin, Theodore, Simon and their long-suffering host, David Seville — died in 1972.
The potent holiday-season earworm evolved over the decades into a cartoon empire, encompassing blockbuster films and their soundtracks, animated TV series, Taylor Swift-style re-recordings, one platinum-selling album (the Alvin and the Chipmunks movie soundtrack), one gold-selling album (the Alvin and the Chipmunks: The Squeakquel soundtrack), concerts, musicals and dozens of branded toys, blankets, party favors and video games. Beginning with 2007’s Alvin and the Chipmunks, the four theatrical live-action Chipmunks films have grossed a combined $656 million, according to Box Office Mojo. “It wasn’t just that it was a song,” says Bagdasarian, who, with his wife, Janice Karman, produced the films and voiced some of the chipmunks. “It created characters and personality.”
The senior Bagdasarian had been shrewd enough to initially retain all the rights to the shockingly lucrative holiday tune: master recording, publishing and product licensing. (He relinquished the master rights in the late ‘60s.) Billboard estimates the holiday track that started it all brings in $300,000 in annual revenue for the master recording and publishing. It has racked up 112.4 million total on-demand U.S. streams, more than half of which have come in November-December of the last five years, according to Luminate. Last December alone, the track streamed 10.4 million times. Plus, “The Chipmunk Song” has sold nearly 665,000 digital tracks, according to Luminate, and Bagdasarian says the Chipmunks have sold 50 million albums in their history, from 1965’s Chipmunks A Go-Go to 1980’s Chipmunk Punk.
Along with Karman, Bagdasarian — who has a law degree from Southwestern Law School — runs Santa Barbara, Calif.-based Bagdasarian Productions, which they started in 1981. Early on, the couple intended to make original films and shows, but they moved in the Chipmunks direction with Chipmunk Punk.
“And here we are, almost 50 years later, trying to come up with the next new idea for Alvin and the Chipmunks, from TV shows to movies to another TV series that we just finished last year,” says Bagdasarian, 74, in a phone interview marking the song’s 65th anniversary.
What do you hear in “The Chipmunk Song” that nobody else does?
I am pulled back to 1958, with my brother and sister and I being called into my dad’s den, where he would record these demos before he went into the studio to do a more polished version. We would hear not only the charm of the song but the personality of Alvin, talking back to him, as only a four-or-five-inch tiny chipmunk could do to a large man. Parents understand how frustrated and exasperated Dave would be with Alvin, and kids love identifying with Alvin because he’s got that spunk and that sass and he’s not afraid to go, “Hold on a second.” Just that little rebellious, mischievous nature.
Ross Bagdasarian, Sr., creator of Alvin and the Chipmunks.
CBS via Getty Images
How much did Alvin empower you to be more rebellious as a kid?
I was more of the Simon character. Very dutiful. I was the one [who] really wanted my dad to be proud of me. So if there was a chore to do, let me wash his car or something. My younger brother Adam was the rebellious one. But I think he might have been rebellious on his own. I don’t know if he needed any prompting from Alvin.
Your family owns the entirety of the rights to the song — publishing, recording, licensing, etc. Right?
Yeah. True.
How did that come to be?
My dad was one of the first folks — you’re talking about in the ’50s — that not only owned the publishing rights to the song but he also owned the master itself. That was something that no artist was really doing back then. And Berry Gordy [Jr.], when he founded Motown, he had mentioned over the years [in private], “Well, when I found out that Ross Bagdasarian could own his own masters, I went from writing songs for people to developing a record label so I could own those masters, as Ross Bagdasarian had done.”
I didn’t realize the connection between your dad and Gordy.
Yeah. In the late ’60s, when he had decided he had done everything with the Chipmunks he wanted to do, he gave back [to] then Liberty Records, now Capitol-EMI, the phonograph rights to those masters. But he retained for himself — obviously, we still own these master-recording rights for movies, television, toys, commercials. The one area that we don’t control the master recording is simply in the phonograph-recording area. Which obviously is not what it was 10, 15 years ago, when you could actually really sell a lot of albums. “The Chipmunk Song” is still a wonderfully valuable song.
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So if anyone streams “The Chipmunk Song,” the master royalty goes to Capitol-EMI, now owned by Universal Music Group, not to your family?
That’s right. Fortunately or unfortunately, these days, 8 billion [plays] on Spotify would still amount to 17 cents. So it’s not a payment we actually miss. [Editor’s note: 8 billion Spotify plays would amount to about $38 million, according to Billboard’s royalty calculator.]
The most important revenue is in licensing songs for movies, the movies you make as part of the franchise, and publishing — right?
As far as the song is concerned, that is fair to say. The song has probably sold 20 million records, maybe more, because it sold 4.5 million records in the first seven weeks back in 1958.
Does your family own all the publishing — publisher share and artist share?
Yeah. My wife and I.
What do you remember about what your dad taught you about the music business?
It wasn’t as much about the music business as it was just life lessons. The most important thing that my dad ever said [was], “Listen, your word is all you will ever really have.” Had he lived a little longer, he would have added a caveat: “Your word is your bond, but don’t expect that from everybody else that you meet.” We’ve had times when we’ve made what we thought were various deals with record companies, only to have them say, “If you don’t have it in writing, you don’t have it.” They didn’t get that part of the story that my dad told me, evidently.
Want to give examples?
No! [Laughs.] I don’t think I want to. But they know who they are.
Any final thoughts about what it’s like to hear “The Chipmunk Song” everywhere this time of year?
Honestly, I am so thrilled every time, because it brings back my dad. I get to hear his voice.
Ed Christman contributed to this report.