‘We Shall Overcome’ at centre of copyright row
A team of film makers who are planning a documentary on the civil rights movement have filed a copyright infringement lawsuit centring on the movement’s unofficial anthem “We Shall Overcome”.
In a class action lawsuit filed at the US District Court for the Southern District of New York, the We Shall Overcome Foundation claimed that music publisher The Richmond Organization (TRO) and its label, Ludlow Music, have wrongfully collected copyright fees for use of the track since 1960.
More than 50 years have passed since Ludlow purportedly copyrighted an African-American song, the complaint said, adding that the defendants either have silenced those wishing to perform it by refusing to grant a licence or by unlawfully demanding licensing fees.
The lawsuit claimed that the African-American song is an adaptation of an earlier spiritual work from the late 19th or early 20th century that has “exactly the same melody and nearly identical lyrics.”
The complaint is similar to a dispute between Warner/Chappell and Good Morning to You Productions which centred on the copyright to the tune “Happy Birthday to You”.
In February this year Warner/Chappell agreed to pay $14 million to end the lawsuit and drop its copyright claim to the song.
The We Shall Overcome Foundation is being represented by Wolf, Haldenstein, Adler, Freeman & Herz, the same law firm that represented Good Morning to You Productions.
“We Shall Overcome” is closely associated with the civil rights movement during the 1960s.
According to the complaint, the Library of Congress said it was “the most powerful song of the 20th century,”, that it “inspired one of the greatest freedom movements in US history and went on to topple governments and bring about reform all over the world”.
The foundation reportedly asked for permission to use the music in its planned film but was turned down by TRO, according to the lawsuit.
The complaint said: “Plaintiff, on behalf of itself and all others similarly situated, seeks a declaration that defendants do not own a copyright to the melody, the familiar lyrics, and other verses of ‘We Shall Overcome’ and that the song is dedicated to public use and is in the public domain.”
