Unwrapping Intellectual Property Challenges: How to Use Christmas Songs in Brand Campaigns Without a Hitch
In the Philippines, Christmas music is more than just a festive backdrop—it’s the heartbeat of the holiday season. From malls to homes, the familiar melodies of “Ang Pasko Ay Sumapit” and “Pasko Na Naman” evoke a sense of nostalgia and unity, making them indispensable for brands aiming to connect with their audiences during the most anticipated time of the year.
However, for advertisers, incorporating these iconic songs into campaigns comes with a challenge: did you know that none of the popular Filipino Christmas songs are in the public domain? Without proper licensing, brands risk costly legal issues, campaign disruptions, reputational harm, and unplanned costs that could overshadow their holiday efforts.
Hit Productions’ multi-awarded and decades-long stint as the premium video and music production house in the Philippines has given them a deep understanding of the many intellectual property challenges that brands can face, and have come up with strategies that allow brands to harness the magic of holiday music while remaining legally compliant.
This approach reflects Hit’s commitment to blending creativity with industry insight, empowering brands to enhance their campaigns without legal concerns. By sharing these tips and insights, Hit Productions aims to help brands connect with audiences through the universal language of music.
Here’s your comprehensive guide to incorporating Christmas songs into your campaigns seamlessly.
But First, A Case for Why Brands Need Cultural Resonance in Music
Filipino Christmas music is a cultural treasure that binds generations and reflects the values and traditions at the heart of Filipino identity.
Cultural resonance allows brands to forge deeper connections by speaking directly to the shared experiences, emotions, and traditions of their audience. Music that feels familiar yet fresh can evoke powerful emotions, making campaigns not only memorable but also meaningful.
So how do you make your holiday campaign more effective and relevant? Here are some ways:
Cultural Authenticity:
In the Philippine setting, cultural authenticity means capturing the essence of Filipino traditions, values, and celebrations in your messaging. This matters because it’s what will resonate deeply with Filipino audiences, fostering trust and emotional connections that make campaigns truly memorable and impactful.
By incorporating songs that reflect Filipino traditions—such as carols emphasizing family, faith, and the joy of togetherness—brands can forge deeper connections with their audiences. Christmas in Our Hearts by Jose Mari Chan, for instance, resonates with Filipinos for its heartfelt lyrics about love and unity during the holiday season. This iconic song has become a staple of Filipino Christmas celebrations, symbolizing the cherished values that brands can tap into for memorable and relatable campaigns.
Example: Barangay Nestle’s Christmas Commercial features a heartwarming holiday narrative, paired with music by Hit Productions that amplifies the feeling of togetherness and the excitement of the Holidays in the Philippines through its uplifting melody, harmonious choral arrangements, and festive instrumentation reminiscent of Filipino Christmas traditions, such as the sounds of parol lighting ceremonies and caroling.
Modern Arrangements:
Reimagining traditional carols with contemporary twists helps bridge generational gaps and appeal to younger audiences. For brands, this is crucial during the Christmas season, as it creates opportunities to connect with diverse age groups within families—a time when multi-generational gatherings are at their peak. By uniting the nostalgia of older generations with the modern sensibilities of younger audiences, brands can craft campaigns that resonate across all demographics, fostering shared experiences and emotional connections.
Example: Coca-Cola’s Buksan Ang Magic ng Pasko (produced by Hit Productions) features a fresh arrangement that captures the festive joy and magic of Christmas.
Localized Storytelling:
Localized Storytelling refers to the art of adapting narratives in a way that effectively communicates with a specific audience, reflecting their unique culture, values, and experiences. Unlike general storytelling, localized storytelling ensures that the themes, language, and characters in a campaign feel authentic and relevant to the target audience's daily lives.
For example, in the Philippine setting, this might mean weaving in elements like close family bonds, festive traditions like noche buena, or the joy of community celebrations. By doing so, brands can create emotionally impactful campaigns that not only capture attention but also foster genuine connections with Filipino viewers.
Aligning music with heartfelt narratives that resonate with Filipino families creates an emotional connection.
Example: Jollibee’s Sarap ng Pasko commercial masterfully combines touching visuals with a melody (created by Hit) that celebrates the essence of Filipino Christmas traditions and the enduring love of family, making it a standout example of localized storytelling.
6 Ways to Use Christmas Songs in Your Brand Campaigns Without a Hitch
1. Christmas Music Copyright: Navigate the Legal Maze Without Costly Mistakes
A common misconception is that frequently heard songs are free to use. This confusion is similar to the case of “Happy Birthday,” which was widely assumed to be public domain until 2016, when a legal battle revealed that its copyright was still active. For years, businesses and creators unknowingly used the song in commercials and films, only to face significant licensing fees or legal repercussions such as copyright infringement suits. However, the story took a turn in 2016 when the song was officially declared free for public domain usage, ending decades of copyright disputes.
The lesson? Familiarity nor popularity doesn’t equal legal clearance. Proper rights clearance is essential to avoid costly mistakes that can derail your campaign and damage your brand’s reputation.
Key Considerations
Public Domain vs. Cohpyrighted Songs: Many brands assume popular Christmas songs are in the public domain, but that’s rarely the case. In fact, as we mentioned at the beginning of this blog, no popular Filipino Christmas carol currently exists in the public domain. This means every traditional holiday song requires proper licensing for commercial use.
Duration of Copyright Protection: Under Philippine copyright laws, a song is protected during the lifetime of the creator and for 50 years after their death, making it crucial to verify ownership before use.
Rights Holders and Licensing Bodies: For Filipino holiday classics, consult FILSCAP or similar collective management organizations (CMOs) to determine licensing requirements.
2. Use Commercial Music Usage Rights as Your Roadmap to Safe Holiday Campaign Soundtracks
If you want to legally incorporate music into your holiday campaigns, understanding licensing is crucial.
Types of Licenses for Holiday Campaigns
Synchronization License: Needed for pairing music with visual elements like TV or digital ads.
Example: If you’re using “Ang Pasko Ay Sumapit” in a holiday TV commercial, you’ll need a synchronization license to align the music with the visuals.
Performance License: Required for publicly playing music, whether in stores or ads.
Example: Playing “Pasko Na Naman” as background music in a mall or restaurant requires a performance license.
Mechanical License: Covers reproduction of songs for distribution purposes.
Example: If you’re creating a branded holiday video with a licensed song and plan to distribute copies to clients or employees, you’ll need a mechanical license
Special Considerations for Filipino Christmas Songs
Licensing local classics can involve multiple stakeholders, including composers, performers, and publishers. Budgeting for these fees is essential, as they can vary based on the song’s popularity and usage scope.
Learn About Licensing Services
3. Choose From these Smart Strategies to Legally Leverage Holiday Music
Drawing on a deep understanding of music production and cultural nuance, these strategies showcase the knowledge and expertise of Hit Productions in helping clients deliver culturally resonant campaigns while navigating the complexities of intellectual property.
There are creative ways to use Christmas music legally while ensuring your campaigns remain both culturally resonant and uniquely impactful:
Public Domain Melodies with a Twist: Add your own original Tagalog lyrics to classic public domain carols to infuse them with a distinctly Filipino identity while maintaining their timeless appeal. This approach allows you to tap into the nostalgia of well-loved tunes while making them uniquely yours and legally sound.
Use Original Arrangements: If using public domain melodies isn’t the right fit, opt for fresh musical arrangements of traditional songs. This approach helps retain the familiarity of beloved carols while avoiding potential licensing issues. Modernizing the instrumentation or tempo can also make these classics resonate with today’s audiences.
Collaborate with Local Talent: Partner with Filipino composers and arrangers to create original tracks that authentically reflect your brand’s story. These custom compositions not only give your campaigns a unique sound but also connect deeply with audiences by celebrating local artistry and culture.
“Sana Araw-Araw Ang Pasko” by Hit Productions is a perfect example of how custom music can make a campaign unforgettable.
Partner With Music Production Experts
4. Understand Fair Use Guidelines Before Making Your Holiday Campaigns
What Is Fair Use?
Fair use is a legal principle that allows limited use of copyrighted material without obtaining permission from the copyright owner. It is typically applied for purposes such as criticism, commentary, news reporting, teaching, and research. However, its application in commercial settings—especially for advertisements—is far more restrictive.
In the Philippine context, fair use is assessed case by case and requires satisfying specific criteria, including:
Purpose and Character of Use: Non-commercial, educational, or transformative uses are more likely to qualify as fair use.
Nature of the Copyrighted Work: Creative works like music are given stronger protections, making them less likely to fall under fair use.
Amount Used: The smaller the portion used, the more likely it is to qualify as fair use.
Effect on Market Value: If the use could harm the market value of the original work, it’s unlikely to be considered fair use.
It is worth noting that fair use functions as a defense in copyright cases. This means that even if fair use applies, a copyright owner can still file an infringement suit. The user can then invoke fair use as a defense, but a lawsuit may still be initiated.
When Fair Use Applies (and When It Doesn’t)
Applies: A parody or educational video that uses a short, transformative snippet of a Christmas song to make a point.
Does Not Apply: A TV ad using even a 5-second clip of a copyrighted Filipino Christmas song as background music to promote a product.
Fair Use in the Philippines
Key Considerations
In the Philippines, the threshold for fair use in commercial contexts is stringent. Popular Filipino Christmas songs like “Pasko Na Naman” or “Ang Pasko Ay Sumapit” are protected works, and their usage in ads requires proper licensing—even if only a brief segment is used. Misunderstanding this can lead to fines, takedown notices, or legal action.
How to Avoid Missteps
Conduct a risk assessment to evaluate whether your intended use qualifies as fair use.
Opt for safer alternatives like public domain music or custom compositions.
Consult legal experts to ensure compliance with fair use guidelines in your campaign.
Risk Assessment
Always research the legal risks of using copyrighted material.
Document all steps to demonstrate compliance with fair use exceptions.
5. IP Due Diligence: Use this Comprehensive Checklist for Risk-Free Holiday Campaigns
Remember what we said about popular Filipino Christmas songs and how none of them are in the public domain? Here’s how that plays into the holiday campaign machine:
You’re looking for the perfect music to complement your ad and it just has to be that one particular Pinoy Christmas carol; that one festive and familiar tune that has been sung by generations of children with their wonderful voices and improvised drums!
But, since this song is not in the public domain, you need to make sure you secure the license from the appropriate publisher and get legal clearance to use the song in your campaign.
Well, we have you covered on the right steps to take with this checklist! Avoid costly IP challenges by following it (and checking it twice!) to ensure your holiday campaign stays compliant and on track!
✔️ Rights Clearance: Verify and Secure Necessary Licenses
Where to Verify:
For Filipino songs, contact rights organizations like FILSCAP (Filipino Society of Composers, Authors, and Publishers) to determine copyright ownership and secure the necessary licenses.
For international music, work with global licensing platforms such as ASCAP (The American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.), or PRS (Performing Right Society) for Music, depending on the copyright holder's location.
Example: If you want to use “Pasko Na Naman” in your campaign, you would need to reach out to FILSCAP to identify the song's publisher. There could be more than one publisher involved, and each stakeholder may require a separate agreement for synchronization, performance, or mechanical licenses.
✔️ Documentation: Maintain Contracts and Permissions for Every Song Used
Ensure you have written agreements for all music used in your campaign. This includes details on the scope of use (e.g., broadcast, digital ads, or in-store playlists) and duration.
Why It Matters: In the event of a dispute, having clear documentation can protect your brand from claims of unauthorized use.
Example: A campaign using a customized version of “Silent Night” may require both the synchronization license for visuals and a mechanical license for distributing the ad across different platforms. These documents must be stored for legal protection.
✔️ Timeline Planning: Start the Clearance Process Early
Plan Ahead: The clearance process can take weeks or even months, especially if a song has multiple rights holders.
Example: Suppose you plan to use “White Christmas” in a regional campaign. Start discussions with rights holders at least 3–4 months in advance to accommodate negotiations and ensure all licenses are in place before production begins.
✔️ Partner With IP and Music Experts for Efficiency
If navigating the clearance process feels overwhelming, work with professionals like Hit Productions. Their experience with clients' music licensing needs allows them to handle the process with ease, ensuring your campaign is both culturally relevant and legally compliant.
Pro Tip: Build an IP clearance workflow that integrates directly into your campaign planning process. This ensures no assets are used without verification and documentation, saving time and preventing disruptions.
6. Future-Proof Your Holiday Campaigns
Ensuring your holiday campaigns remain impactful year after year requires a forward-thinking approach to music. Here’s how your brand can future-proof its sound while staying relevant:
Build Relationships With Rights Holders
Partner with composers, publishers, and performers to simplify licensing processes for future campaigns. Establishing these connections ensures faster approvals and access to high-quality music tailored to your needs.
Develop a Sustainable Content Library
Invest in a catalog of licensed or original songs that can be reused across campaigns. This not only reduces production costs over time but also helps maintain a consistent sonic identity for your brand.
Establish Approval Workflows
Create a streamlined process for legal and creative reviews to ensure campaigns are vetted quickly and efficiently. This minimizes delays, reduces risks of legal issues, and keeps projects moving on schedule without sacrificing quality.
Emergency Response Plans
Prepare a clear strategy to address IP challenges swiftly and effectively. Start by identifying legal experts for immediate consultation, creating streamlined communication protocols, and preparing pre-approved public statements. These proactive measures protect your brand’s reputation and ensure minimal downtime during unexpected issues.
Create Your Own Original Filipino Christmas Music
If navigating licensing hurdles feels restrictive, investing in original compositions is a strategic solution. Benefits include:
Exclusive Ownership: Your brand controls every aspect of the music, ensuring it remains distinct and memorable.
Cultural Relevance: Custom compositions allow you to reflect Filipino traditions and values, strengthening connections with local audiences.
Cost Efficiency Over Time: Original music eliminates recurring licensing fees, making it a smart investment for long-term use.
Hit in Action:
Hit Productions’ Sana Araw-Araw Ang Pasko is a prime example of how original music can elevate a campaign. Its heartfelt lyrics and rich melodies embody the spirit of Filipino Christmas, creating a lasting emotional impact that resonates with audiences.
Many brands have worked with Hit Productions to craft unique holiday soundtracks that align with their messaging while avoiding IP challenges.
By thinking ahead and building a sustainable music strategy, your brand can set the stage for consistent, culturally resonant holiday campaigns that leave a lasting impression.
Closing Thoughts: Elevating Your Brand With Holiday Music
As we've said time and again, the right music really does transform your campaigns into memorable experiences that resonate with your audience.
By understanding the nuances of intellectual property, embracing creative strategies, and working with seasoned professionals, your brand can strike the perfect balance between legality and emotional impact.
Hit Productions has a rich legacy of crafting unforgettable holiday music for brands—bringing cultural authenticity, technical expertise, and innovative artistry to every project. Now is the time to reflect on how your campaigns can leverage these insights to not only comply with IP laws but also create a deeper connection with your audience.
Ready to make this holiday season one to remember? Let's work together.
