All Rights Reserved: Behind the Strategic Copyright of “We Shall Overcome”

Abstract

Abstract In 2015, musician and non-profit director Isaías Gamboa and filmmaker Lee Butler sued The Richmond Organization (TRO) and its offshoot Ludlow Music over their copyright to the anthem of the civil rights movement, “We Shall Overcome.” The copyright had initially been registered in 1960 and named four white folksingers: Guy Carawan, Frank Hamilton, Zilphia Horton, and Pete Seeger. Suspicious of the white names on the copyright, Gamboa wanted to liberate the song from what appeared to be corporate control. The suit was ultimately successful and the song was placed in the public domain. However, while Gamboa and Butler celebrated their win in a Manhattan court, activists across the South took it as a loss. Although overseen by TRO and Ludlow, the copyright's royalties had long gone to the Highlander Research and Education Center (formerly The Highlander Folk School), a pre-eminent and decades-old grassroots organizing hub best known for its work with such icons as Rosa Parks, Septima Clark, and Dr. Martin Luther King. The money was housed there in the We Shall Overcome Fund, which had been created by cultural workers of the civil rights movement in collaboration with those named on the copyright to facilitate the redistribution of royalties to Black artist-activists across the South. Far from facilitating theft, the copyright had strategically scaffolded Black-led community organizing for nearly 60 years. This article traces the history and work of this remarkable effort to turn the civil rights movement's anthem into its most lasting cultural tool.