All I Want for Christmas (in July) Is a Lawsuit
It may be July, but how about a Christmas earworm?
Last month, Andy Stone sued Mariah Carey in the United States District Court for the Eastern District of Louisiana. The complaint – filed against Carey, producer/songwriter/composer Walter Afanasieff, Sony Music Entertainment, and Sony Corporation of America – alleges that Carey’s hit song “All I Want for Christmas Is You” violates Stone’s copyright and trademark rights and misappropriates Stone’s song of the same name.
Performing under the stage name Vince Vance in the band Vince Vance & the Valiants, Stone is “a crazy guy with 18-inch hair and 50 costume changes” (at least according to the website of the Louisiana Music Hall of Fame). (Apparently, costume changes might be the only thing Stone and Carey have in common.) His country/pop song “All I Want for Christmas Is You” was released in 1989, while Carey’s song came out in 1994. The complaint simply indicates that Stone became aware of Carey’s song, but it does not indicate a year. However, certainly he cannot just have become aware of it recently since it is a standard in the U.S. and worldwide, with increasing popularity over the years.
The complaint calls Carey’s song an unauthorized “derivative work” that “capitaliz[es] on the goodwill and unique talent of [Stone] in an effort to obtain commercial advantage.” However, the complaint does not provide details about the alleged similarities between the songs besides the title.
Notably, copyright law does not protect short phrases such as titles of songs. Rather, copyright law protects against copying creative works, including music composition and lyrics. Short phrases, or slogans/taglines are more likely to be covered by trademark law, which considers whether consumers are likely to be confused by the use of names, symbols, logos, etc., in the sale of goods or services. However, even under U.S. trademark law registration of the title of “a single creative work,” is not registrable unless it is a part of a series, which does not seem to be the case here.
If the complaint goes forward, we expect Carey and her co-defendants to challenge the basis for Stone’s allegations.
Unfortunately, though, one pressing issue is not likely to be decided in this case: whether it’s okay to listen to Christmas music in July. The jury will forever be out on that question, but personally, we are all for it!