Does “This Land Is Your Land” Belong to You and Me?

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photo credit Wikipedia; note the sign on Guthrie’s guitar: “This machine kills fascists.”

Maybe! The song may have been in the public domain since 1973. It’s one of those interesting but meandering stories that’s hard to untangle. The short version is that Woody Guthrie wrote the song in 1940 but didn’t copyright it until 1945. That original copyright was never renewed and so therefore would have expired 28 years later. But in 1956 Ludlow Music, which seems to have been Guthrie’s publisher, filed for its own copyright and apparently did keep it up to date. Why two simultaneous copyrights were allowed isn’t clear. So earlier this year the same law firm that successfully sued to get “Happy Birthday” put in the public domain tried to do the same with “This Land.” (You missed that breaking news about “Happy Birthday”? Tsk, tsk!) If the suit is successful, one requirement will be the refunding of all licensing fees paid since 2010.

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