‘This Land Is Your Land’ Is Still Private Property, Court Rules; The New York Times, Febraury 28, 2020

Ben Sisario, The New York Times;

‘This Land Is Your Land’ Is Still Private Property, Court Rules

A federal judge shot down a challenge to the copyright of the Woody Guthrie folk anthem, blocking an attempt to put it in the public domain.

"First, “Happy Birthday to You” lost its copyright. Then “We Shall Overcome” became public domain as well.

But on Friday, Woody Guthrie’s “This Land Is Your Land” avoided what had been shaping up as a growing trend affecting the copyright owners of old songs, as the publishers of “This Land” defeated a challenge against it...

On Friday, Judge P. Kevin Castel of Federal District Court in Manhattan did not reach a decision on whether the song deserved to keep its copyright, because he said he didn’t have to. He ruled that there was no legal dispute for him to adjudicate: Satorii had already paid the license fee, and in exchange, the publisher had agreed to let Satorii do what it wanted with the song. The judge dismissed the case."

A Fight to Make Two Classic Songs Copyright Free to You and Me; New York Times, 7/12/16

Ben Sisario, New York Times; A Fight to Make Two Classic Songs Copyright Free to You and Me:

"Legal experts say that such cases show the difficulties in determining the proper limits of copyright, which is meant to encourage creators by giving them limited monopolies over their works. Yet the terms have gradually increased with the lobbying of corporate owners.

“We can respect the rights of creators, but creators are often in the position of building on other works, and there has to be freedom for that, too,” said James Boyle, a Duke University law professor and the author of “The Public Domain: Enclosing the Commons of the Mind.”

As an example of art that builds freely on pre-existing work, Professor Boyle pointed to the tradition of folk music — exactly the realm from which “This Land” and “We Shall Overcome” grew.

The tension is heightened when it comes to material considered essential heritage. The family of the Rev. Dr. Martin Luther King Jr. has used copyright to prevent his “I Have a Dream” speech — delivered at the March on Washington in 1963, where “We Shall Overcome” was most famously performed — from appearing in documentaries. Yet they also once allowed it to be used in a cellphone commercial."

‘Happy Birthday’ Lawyers Target Other Song Copyrights; Bloomberg Law, 6/28/16

Anandashankar Mazumdar, Bloomberg Law; ‘Happy Birthday’ Lawyers Target Other Song Copyrights:

"In April, they filed a complaint over “We Shall Overcome,” the protest song synonymous with the 1960s Civil Rights Movement.

” `We Shall Overcome’ is a profoundly important song,” Rifkin said. ” `Happy Birthday’ is possibly the world’s most famous song, but `We Shall Overcome’ is possibly the world’s most important song. It has a moving appeal to an awful lot of people, and it is a very important piece of music, and we think it’s important that it be given back to the public.”

On June 14, the lawyers filed another complaint, this time over “This Land Is Your Land,” the folk song associated with Depression-era troubadour and political activist Woody Guthrie, who wrote the lyrics to an existing melody. Guthrie’s copyright on the lyrics expired in 1973, the complaint said..."

Restoring Balance to the Copyright Act

As they take on similar cases, Rifkin said he considers the challenge of dubious copyright claims an important part of the copyright system. He and Newman, he said, are trying to hit the balance referred to by Justice Elena Kagan in an opinion in a Supreme Court case involving legal fees in copyright cases.

The purpose of the Copyright Act—”enriching the general public through access to creative works”— is served by “striking a balance between two subsidiary aims: encouraging and rewarding authors’ creations while also enabling others to build on that work,” Kagan said."