Copyright on 'Santa Claus Is Comin' to Town' Reverts to Songwriter's Heirs in 2016, 2nd Circuit Rules
The 2nd U.S. Circuit Court of Appeals ruled Thursday that copyright on “Santa Claus is Coming to Town” should revert to the heirs of song co-writer John Frederick Coots in December 2016. That overturned a 2013 ruling by the U.S.…
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District Court in New York that granted summary judgment to current copyright owner EMI. The American Society of Composers, Authors and Publishers ranked “Santa Claus Is Comin' to Town” in 2014 as the most-performed holiday song of the year. The copyright on “Santa Claus Is Comin' to Town” is to expire in 2029. Coots had reached deals with preceding publishers in 1934, 1951 and 1981 to grant or extend his publishers’ rights to the song. District Court Judge Shira Scheindlin ruled in 2013 that Coots’ heirs couldn’t seek a termination of EMI’s rights to the song under the 1976 Copyright Act based on the publisher’s argument that Coots’ 1951 agreement with Leo Feist Inc. remained in effect. EMI owns Leo Feist’s catalog. The 2nd Circuit disagreed. Judge Debra Ann Livingston wrote in the court’s opinion that Coots’ 1981 renewal of his agreement “made it sufficiently clear that the parties intended to replace the earlier contract.” Since the 1981 agreement is the one currently in effect, provisions in the 1976 Copyright Act make Coots' heirs’ 2007 notice terminating EMI’s rights to “Santa Claus Is Comin' to Town” is valid, the 2nd Circuit said. Coots’ heirs’ lawyer Thomas Landry said in a statement that he appreciates the 2nd Circuit’s “well-reasoned decision,” which he said clarifies the 1976 Copyright Act’s effect on termination rights. EMI didn’t comment.