We Shall Overcome’ Is Put in Public Domain in a Copyright Settlement; New York Times, January 26, 2018

Christopher Mele, New York Times; 'We Shall Overcome’ Is Put in Public Domain in a Copyright Settlement

"The settlement was “an enormously important achievement” because others can now use the song without paying for it or seeking permission, a lawyer for the plaintiffs, Mark C. Rifkin, said in a telephone interview on Friday night. “We’re really thrilled to be part of an effort to give this song back to the public where it belongs,” he said.

The case is the latest one to cancel the copyright of a time-honored song that many people may well assume was available for anyone to sing: A judge invalidated the copyright on “Happy Birthday to You” in 2015."

Can You Change Two Words To A Song And Claim A New Copyright?; Above The Law, August 10, 2017

Krista L. Cox, Above The Law; 

Can You Change Two Words To A Song And Claim A New Copyright?

"In order to be copyrightable as a derivative work, the new work must “add new original copyrightable authorship.” We will (shall?) see whether these small changes were big enough to warrant copyright protection. And if a court indeed finds that it is, well, I guess that means it’s time for me to start marketing “Ringing Bells.”"

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."