This Land is Your Land is actually in the public domain

JibJab's hilarious election-year parody of Woody Guthrie's "This Land is Your Land" has been spared from death-by-litigation thanks to the efforts of my cow-orkers at EFF and the Internet's outraged musicologists. It turns out that Woody Guthrie's initial publication of This Land is eleven years earlier than previously thought, which means that the copyright renewal filed by Ludlow, the carpetbaggers who bought his estate's publishing rights, was eleven years too late.

That's right: as my cow-orker Fred "Total Grokster Victory" von Lohmann notes, "So Guthrie's original joins the Star-Spangled Banner, Amazing Grace, and Beethoven's Symphonies in the public domain. Come to think of it, now that 'This Land is Your Land' is in the public domain, can we make it our national anthem? That would be the most fitting ending of all."

The most delicious aspect of this is that Ludlow could have gone on treating Guthrie's song as a copyrighted work, collecting licensing fees from anyone who was not making a fair use of the song -- say, someone making a [puke] car commercial -- had they not decided to pull a Lord Vader on JibJab, the poor, abused parodists. Reminds me of when Sony sued an Aussie dictionary for defining "walkman" as a generic personal stereo, which resulted in the court finding that the dictionary was correct, Sony was wrong, and walkman is generic. If they'd just kept their lawyers in their pants, they'd still be sitting pretty. Link (Thanks, Donna and Chris!)