Essential Question
What does the legal dispute over the song “We Shall Overcome” reveal about the complexity of copyright law?
Overview
In this lesson, students will consider the implications of copyright and intellectual property within a political movement by formulating a persuasive argument as to who owned the song “We Shall Overcome” after researching primary and secondary sources.
There is perhaps no greater musical signifier of the Civil Rights Era than the song, “We Shall Overcome.” Based upon an older Black spiritual, the song became–with the help of people like Pete Seeger and the Student Nonviolent Coordinating Committee–the anthem for the Civil Rights Era. And while the song remains iconic today, many do not know that it was the cause of an intense legal battle over copyright.
Folk musicians Pete Seeger, Guy Carawan, and Frank Hamilton first registered the copyright for “We Shall Overcome” in 1960. However, the song can be directly linked back to two previous songs; the lyrics from “I’ll Overcome Some Day” written by the Reverend Charles Tindley in 1903, and the melody from a traditional African American gospel song titled, “I’ll Be All Right.” Pete Seeger first heard “We Shall Overcome” in 1948 from a folk singer and activist at the Highlander Folk School in Tennessee, Zilphia Horton. She in turn heard a protester, Lucille Simmons, sing the song at a labor protest in South Carolina. Horton was struck by the simplicity of the tune, and Simmons is credited for changing the lyric from “I” to “We.”
In the same year, Guy Carawan learned the song “We Shall Overcome” from a large group of students at a conference in Highlander Folk School. The students were part of the Student Nonviolent Coordinating Committee (SNCC), a political organization fighting for civil rights by staging protests across the south.
While the song was being sung as part of protests, Seeger, Carawan, and Frank Hamilton determined to copyright their version of “We Shall Overcome” so that all royalties from the song could be used to raise funds for the Civil Rights Movement. Once copyrighting the song, they established the We Shall Overcome Fund, a nonprofit which provides grants “to nurture grassroots efforts within African American communities to use art and activism against injustice.”
In 2013, the producers of the film Lee Daniels’ The Butler wanted to license the use of “We Shall Overcome” in the movie. Finding the $100,000 licensing fee that the song’s copyright holders were requesting to be excessive, the film’s producers joined a previous federal lawsuit brought by an independent filmmaker in 2016, which sought to nullify the song’s copyright protection. The resulting court case, We Shall Overcome Foundation and Butler Films, LLC v. The Richmond Organization, Inc. (TRO, Inc.) and Ludlow Music, Inc. was settled in 2018. As part of the settlement, “We Shall Overcome” was placed into the public domain – meaning its copyright protection was nullified and it was now freely available for anyone to use, copy, and adapt without need for permission.
Objectives
- Know (knowledge):
- How “We Shall Overcome” was created from a political movement
- That licensing and copyright agreements allow publishers to financially benefit from the proceeds of a song
- The definition of “public domain”
- Mastery Objective
- Students will be able to identify the reasons why the song “We Shall Overcome” was placed into the public domain as well as explore the lasting impact of “ownership” on a political movement and protest song.
Activities
Motivational Activity:
- Play Clip 1, The Freedom Singers – “We Shall Overcome.” Then ask students:
- Have you heard this song before?
- If so, where or in what context?
- Does this song have particular historical or cultural significance?
- Do you know who wrote it?
- Do you think someone owns the rights to the song?
- Why do you think people choose to perform this song?
Procedure
- Distribute to students Handout – Tracing the Long Journey of “We Shall Overcome” and read the article individually, in groups, or as a class. Then ask students:
- Who wrote “We Shall Overcome”? Was it a single person, or multiple?
- Is the writer also the person that owns the rights to the song?
- How was the song used within the Civil Rights Movement?
- Who financially benefits from the proceeds of the song?
- Play the second clip from this Library of Congress Blog Post featuring Jamila Jones. Then ask students:
- What does Jamila Jones remember about singing the song “We Shall Overcome” the first time? What might this tell you about the origins of this song?
- When she recalls the story, does she start singing the lyrics “We Shall Overcome,” or something else? How might this complicate the process of copyrighting the song?
- For what purpose was Jamila Jones singing the song? What effect did singing the song have?
- Inform students that they will be participating in a Structured Academic Controversy. Gather students into groups of 4, and subdivide those groups into pairs. Distribute to each group Handout – “We Shall Overcome” Structured Academic Controversy.
- Review the handout directions with the class to ensure they know the process of a Structured Academic Controversy. Students will then spend the next 25-30 minutes reading the article and lyrics, and working within their group to complete the Document Analysis Chart. They will form arguments, share those arguments, and develop consensus using the structured academic controversy model.
- Ask student groups to report what they discussed in their group. While each group summarizes their Structured Academic Controversy, ask students:
- What evidence did you use to support your argument?
- Which side “won”? Is there a winning side?
- Is there an alternative route?
- Did you all agree within your group?
Summary Activity:
- Have students move back to their individual seats and respond in writing to the prompt displayed on Image 1, “We Shall Overcome” Writing Prompt.
Extension Activities:
- Listen to the additional spirituals “I’ll Overcome Some Day” written by the Reverend Charles Tindley in 1903, and the traditional African American gospel song called “I’ll Be All Right.”
- Watch the oral history interview of Candie Carawan and Guy Hughes Carawan.
- Research the song “Happy Birthday” and examine why it is now in the public domain.
- Compare and contrast the different versions of the songs “We Shall Overcome” and “I’ll Overcome Some Day.” Then, examine why the song “We Shall Overcome” might not be different enough to warrant its own copyright.
Standards
Georgia Standards of Excellence Social Studies
US History
- SSUSH21.c Describe the impact of television on American culture including the presidential debates (Kennedy/Nixon, 1960), news coverage of the Civil Rights Movement, the moon landing, and the war in Vietnam.
- SSUSH21.d Investigate the growth, influence, and tactics of civil rights groups, Martin Luther King, Jr., the Letter from Birmingham Jail, the I Have a Dream Speech, and Cesar Chavez.
Personal Finance and Economics
- SSEF3b Compare the roles of government in different economic systems with regards to providing public goods and services, redistributing income, protecting property rights, resolving market failures, regulation and providing consumer protections.
Social Studies – National Council for the Social Studies (NCSS)
- Theme 1: Culture
- Theme 2: Time, Continuity, and Change
- Theme 3: People, Place, and Environments
- Theme 5: Individuals, Groups, and Institutions
- Theme 6: Power, Authority, and Governance
- Theme 7: Production, Distribution, and Consumption
- Theme 10: Civic Ideals and Practices
Common Core State Standards
College and Career Readiness Reading Information Text Standards for Grades 9-12
- CCSS.ELA-Literacy.RI.9-10.1 Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text.
- CCSS.ELA-Literacy.RI.9-10.4 Determine the meaning of words and phrases as they are used in a text, including figurative, connotative, and technical meanings; analyze the cumulative impact of specific word choices on meaning and tone (e.g., how the language of a court opinion differs from that of a newspaper).
- CCSS.ELA-Literacy.RI.9-10.8 Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning.
- CCSS.ELA-Literacy.RI.11-12.1 Cite strong and thorough textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text, including determining where the text leaves matters uncertain.
College and Career Readiness Anchor Standards for Writing for Grades 9-12
- CCSS.ELA-Literacy.W.9-10.1 Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.
- CCSS.ELA-Literacy.W.9-10.4 Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience. (Grade-specific expectations for writing types are defined in standards 1-3 above.)
- CCSS.ELA-Literacy.W.11-12.1 Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.
- CCSS.ELA-Literacy.W.11-12.4 Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.
College and Career Readiness Anchor Standards for Speaking and Listening for Grades 9-12
- CCSS.ELA-Literacy.SL.9-10.1 Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 9-10 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively.
- CCSS.ELA-Literacy.SL.9-10.2 Integrate multiple sources of information presented in diverse media or formats (e.g., visually, quantitatively, orally) evaluating the credibility and accuracy of each source.
- CCSS.ELA-Literacy.SL.9-10.3 Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, identifying any fallacious reasoning or exaggerated or distorted evidence.
- CCSS.ELA-Literacy.SL.9-10.4 Present information, findings, and supporting evidence clearly, concisely, and logically such that listeners can follow the line of reasoning and the organization, development, substance, and style are appropriate to purpose, audience, and task.
- CCSS.ELA-Literacy.SL.11-12.1 Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grades 11-12 topics, texts, and issues, building on others’ ideas and expressing their own clearly and persuasively.
- CCSS.ELA-Literacy.SL.11-12.2 Integrate multiple sources of information presented in diverse formats and media (e.g., visually, quantitatively, orally) in order to make informed decisions and solve problems, evaluating the credibility and accuracy of each source and noting any discrepancies among the data.
- CCSS.ELA-Literacy.SL.11-12.4 Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks.
lesson:
The San Francisco Scene, 1967
Why did nearly 100,000 young people descend upon San Francisco in 1967 for a “Summer of Love"?
lesson:
Protest as Event
Since the 1960s, how have artists used musical events to promote change?
lesson:
Seventies Soul: The Soundtrack of Turbulent Times
How did changes in the Soul music of the early 1970s reflect broader shifts in American society during that time?
lesson:
The Impact of 1960s Antiwar Music
How did antiwar protest music provide a voice for those opposed to the Vietnam War?