Is Jingle Bell Rock Public Domain? Which Christmas Songs Are Still Under Copyright

No, Jingle Bell Rock is not in the public domain. It was written in 1957, and in the United States only works first published before 1931 are free today. The Christmas Song is protected too. Carol of the Bells is a split decision: the tune is free, and the English words most people sing are not.

This guide gives the rule, a song-by-song list and your options if the song you want is protected. It describes U.S. law. With holiday set lists and releases being planned now, it helps to check before you record.

The rule: 1931 is the line, for now

The U.S. Copyright Office says all works published in the United States before January 1, 1931, are in the public domain. Cornell University Library's copyright term chart, updated January 1, 2026, uses the same cutoff. The line moves forward a year every January 1, so works first published in 1931 are due on January 1, 2027. That has not happened yet.

Songs from 1931 through 1963 have one more test. Under the old law, the Copyright Office explains, a copyright had to be renewed in its 28th year or it expired. So an obscure song from those years can turn out to be free. The famous hits below are listed as protected by the sources named at the end.

The songs people ask about

• Jingle Bell Rock: written in 1957, so it is protected. Ohio State University Libraries list its public domain year as 2053. It is a different song from Jingle Bells, with its own writers, Joseph Carleton Beal and James Ross Boothe.
• The Christmas Song, the one subtitled Chestnuts Roasting on an Open Fire: written in 1945 by Mel Tormé and Robert Wells and first recorded in 1946. Protected.
• Carol of the Bells: the tune is free. Mykola Leontovych's Ukrainian original dates from the early 1900s, was first performed in 1916 and was first published in 1921. The English lyrics most people sing were written in 1936 by Peter Wilhousky, who rearranged the melody for the NBC Symphony Orchestra. Wikipedia says he secured copyright to the new lyrics and the published song, and IMSLP notes the English lyrics are under copyright. A work from 1936 cannot reach the public domain before 2032.
• The Little Drummer Boy: it sounds like a folk carol, but Katherine Kennicott Davis wrote it in 1941 under the title Carol of the Drum, according to Wikipedia. Protected.
• Winter Wonderland: written in 1934, with a public domain year of 2030 on the Ohio State list.
• Frosty the Snowman (1950) and Rockin' Around the Christmas Tree (1958): protected, with public domain years of 2046 and 2054 on the same list.

A 2020 Disc Makers guide reposted by Hypebot lists more hits as copyrighted, including White Christmas, Let It Snow, Sleigh Ride, Silver Bells, Rudolph the Red-Nosed Reindeer, Santa Claus Is Coming to Town and Feliz Navidad.

Free to record in the U.S., per the Ohio State list: Jingle Bells (written 1857), Silent Night (1818), Deck the Halls, Away in a Manger, Up on the House Top and O Christmas Tree. The Disc Makers guide also lists older carols such as Joy to the World, O Holy Night and The First Noel as public domain. Check the exact arrangement and words you plan to use.

Why old-sounding songs are still protected

• They are newer than they sound. The Little Drummer Boy dates from 1941.
• The words are newer than the tune. Carol of the Bells pairs a free melody with 1936 English lyrics.
• The arrangement or translation is new. The Copyright Office's circular on derivative works lists translations and musical arrangements as examples and says the copyright covers only the new material added. Our guide to public-domain carols covers that trap.
• The recording is a separate work. Cornell's chart lists recordings first published before 1926 as public domain, and those from 1926 to 1946 as protected for 100 years. A free carol can still come with a protected recording.

A five-minute check

• Find the year the exact version, words and music, was first published. Sheet music can matter more than a record: Duke's Public Domain Day page notes a song released on record in 1930 whose sheet music came out in 1931, so it joins in 2027.
• Compare it with the line. Before 1931 is free in the U.S. today.
• If it is later, treat it as protected. For 1931 to 1963, renewal matters, so search the Copyright Office's records or ask.
• Look up the writers and publisher. Our guide to finding out who owns a song shows where.
• Write down what you found and the date, and keep it with your release files.

Singing a protected song live is a different question

Recording a song and performing it for an audience are separate rights. The Copyright Office's 2015 music report says large commercial establishments such as bars, restaurants and concert venues often take blanket licenses from performing rights organizations, so a holiday set at a licensed venue is usually covered by the venue. Ask the host, and see our guide to licensing songs to perform live. The license questions in this guide start when you record or release.

If the song you want is protected

You have three good routes.

• Cover it with permission. For an audio-only cover, U.S. law gives a compulsory mechanical license once a song has been released with the owner's permission. Streaming and download services handle it through The MLC, CDs and vinyl need a notice, a video needs a sync license, and changing the words needs the owner's okay. See mechanical licenses, explained.
• Pick a free carol and make it yours. Your own arrangement of a public-domain carol is yours to record, and the new part can be registered. See royalties on your arrangement.
• License an original holiday song. Browse holiday songs and hear each one in different styles and voices before you decide. A license covers recording and releasing your version, performing it live and using your recording in your own music video and lyric video, and you can duck the demo vocal and sing over it.

Building the set list as well? See how to build a holiday set list by date. This is general information about U.S. law, not legal advice. If a release depends on the answer, ask a music attorney.

Sources

• U.S. Copyright Office: Circular 15A, Works First Securing Federal Statutory Protection on or after January 1, 1978
• U.S. Copyright Office: Circular 14, Copyright in Derivative Works and Compilations
• U.S. Copyright Office: Circular 73, Compulsory License for Making and Distributing Phonorecords
• U.S. Copyright Office: Music Modernization FAQ
• U.S. Copyright Office: Copyright and the Music Marketplace, 2015 report
• Cornell University Library: Copyright Term and the Public Domain in the United States
• Duke Center for the Study of the Public Domain: Public Domain Day 2026
• Ohio State University Libraries: Public Domain Christmas Songs
• Hypebot (Disc Makers): List of Public Domain Holiday Songs and How to License the Ones That Aren't (2020)
• Wikipedia: Carol of the Bells
• IMSLP: Carol of the Bells (Leontovych, Mykola)
• Wikipedia: The Christmas Song
• Wikipedia: The Little Drummer Boy