We shall overcome burdensome copyright restrictions

I recently learned that the song “We Shall Overcome” is now in the public domain, due to a 2017 court ruling and a 2018 settlement. A lawyer tells the whole story in some detail here.

The short version: In 2017, a federal court ruled that the tune, arrangement, and first verse of “We Shall Overcome” are in the public domain (We Shall Overcome Foundation v. The Richmond Organization, Inc., 2017 WL 3981311 [S.D.N.Y. Sept. 8, 2017]). In addition to the court ruling, the defendant and plaintiff subsequently entered into a settlement agreement which said, in part, that TRO would not “claim copyright in the melody or lyrics of any verse of the song ‘We Shall Overcome’”; furthermore, TRO agreed that all verses of the song were “hereafter dedicated to the public domain” (We Shall Overcome Foundation v. The Richmond Org., 330 F. Supp. 3d 960 [S.D.N.Y. 2018]).

This is very good news indeed. Sure, now the song can be used in all sorts of horrible advertising. At the same time, now you cannot be slapped with a royalty fee for using “We Shall Overcome” in your worship service, in the video that you made of some rally or demonstration, or in the audio recording of you singing at a coffeehouse.

Of course, just about all the piano or choral arrangements out there are copyright protected, including the one in the current UU hymnal. So here’s a very basic arrangement of “We Shall Overcome” which I’m releasing into the public domain; and hey, if you don’t like my version, it’s a public domain song so you can write your own! (I’ve changed a couple of the usual verses so they’re less ableist.)

Click the image above for sheet music.

By the way, I’m finding that it’s a good song to sing around the house now that we’re hunkered down because of the Omicron surge.

The UU year in review: 2021

Wow. It’s been a year of change. As 2021 winds down, I’ll briefly summarize the changes I’ve seen in Unitarian Universalist congregations — some positive, some not so positive, some neutral.

Not-so-positive

(A) Enrollments of children and teens appear to be falling precipitously. We don’t yet have official numbers from the year-end certification count, but I’m estimating declines of 33% to 100% across the board.

(B) Adult membership also appears to be falling in most congregations, though the declines are not as steep.

(C) There appear to be many fewer newcomers in most congregations. The lack of newcomers probably accounts for about half of the decline in adult membership. Most Unitarian Universalist congregations have an annual turnover rate of 10-25% (due to moving away, death, lack of interest, etc.), and depend on a steady stream of newcomers to maintain stable membership.

(D) From what I can tell, most congregations saw a decline in revenues this year. The decline can be attributed to the general decline in membership, loss of other revenue streams such as rentals, and the end of the federal Payroll Protection Plan.

(E) I’d say that more peripheral people have gotten out of the habit of occasional participation in the life of the congregation. It’s still too soon to know if they’ll ever come back, but I’m not hopeful.

(F) This past year saw an epidemic of clergy resignations. In the spring, the Unitarian Universalist Association was begging ministers to come out of retirement to fill all the interim ministry positions. By all accounts, this past year saw a shortage of ministers.

Neutral

(G) I expected more resignations by other (non-clergy) paid staffers in UU congregations this past year. But so far I’m not seeing evidence that that happened. This may be because so many other paid staffers are part timers, meaning they weren’t exposed to as much stress as full-time ministers. Or it could be that the resignations happened, but they’ve been less visible than minister resignations.

Positive

(H) Online adult religious education classes have proved to be more popular than in-person classes in some congregations. The convenience of attending a class while sitting comfortably at home turns out to be quite attractive to many.

(I) Moving online apparently has worked for many (not all) support groups, again due to the convenience.

(J) Congregations have adopted digital giving tools, to the pleasure of most people under the age of 50.

(K) Most Unitarian Universalist congregations have developed good to excellent online services. Online services have proved so successful that most of the congregations I know of plan to continue multi-platform services (i.e., combined online and in-person services) after the pandemic is over.

(L) Online does not work for everything. And most Unitarian Universalist congregations have developed safe ways of having at least some in-person programs.

Summary

In a time of great change, it’s easy to get despondent, just because change can be so disorienting. But I have to say I’m feeling mostly optimistic. In a follow-up post, I’ll have more to say about how I believe we can address the not-so-positive changes productively.

But the positive aspects of this year of change are very positive. Even though our primary “product” continues to be in-person connections, it’s also good to be able to expand the ways we can connect with our congregations, by adding multi-platform services, online classes, and digital giving.

Scrooge would have loved omicron

Scrooge famously said: “If I could work my will, every idiot who goes about with ‘Merry Christmas’ on his lips, should be boiled with his own pudding, and buried with a stake of holly through his heart!”

The omicron strain of COVID-19 is acting like Scrooge. If you go wish your family ‘Merry Christmas’ in person, you could wind up with omicron in your lungs. Bah humbug.

A month ago, we started planning in-person services for Christmas Eve. But as of today, it looks like we’re going to be moving to online-only for Christmas Eve. Omicron is present here in Santa Clara County. Omicron doubles every 2-4 days (depending on who you listen to). Vaccinated and boostered people are getting omicron. Everyone is expecting a major surge by mid-January. So in-person indoors meetings are most definitely Not A Good Idea. Bah humbug indeed.

I had been looking forward to seeing people in person on Christmas Eve — especially college students, many of whom come home for winter breaks. But honestly I’m relieved that we’re not going to have in-person services. I admit it — I don’t like the looks of omicron.

So — see you online….

“Rigid methodologically”

In a 2004 interview with Christian Century magazine, progressive evangelical Brian McLaren compared conservative evangelical Christians with more progressive Christians:

“[Religious] conservatives tend to be rigid theologically and promiscuous pragmatically and [religious] liberals tend to be rigid methodologically and a lot more free theologically ….”

Although McLaren wasn’t talking about Unitarian Universalists (he probably doesn’t know we exist), what he says applies to us: we are indeed free theologically, but rigid methodologically. Wouldn’t it be nice if we could be a little more “pragmatically promiscuous”….

Institutionalism

I sometimes like to say that I’m religious but not spiritual, because I associate “religion” with institutions, and “spirituality” with individualism. I’ve come to really dislike the hyper-individualism of the U.S. today, and for me institutionalism lies at the very heart of my religion. So to better express my religious values, I just added an article on institutionalism to my static website.

Your comments are welcome, but you’ll have to comment here or send me emial.

Responsive reading

Last week, I posted a responsive reading with words by the Universalist minister Eliza Tupper Wilkes, that’s copyright-free so you can use it freely in online worship. Now here’s a copyright-free poem by Unitarian poet Frances Ellen Watkins Harper, arranged as a responsive reading and available under a copyright-free CC0 license.

Our twenty-first century eyes might find Frances Harper’s nineteenth century rhythms and rhyme schemes a little trite. But I think when read out loud, responsively, our twenty-first century ears will enjoy this poem.

Songs for the People

Let us make songs for the people
Songs for the old and young;

Songs to stir like a battle-cry
Wherever they are sung.

Not for the clashing of sabres,
For carnage, nor for strife;

But songs to thrill the hearts of all
With more abundant life.

Our world, so worn and weary,
Needs music, pure and strong,

To hush the jangle and discords
Of sorrow, pain, and wrong.

Music to soothe all its sorrow,
Till war and crimes shall cease,

And human hearts grown tender
Girdle the world with peace.

Arranged from “Songs for the People,” Frances Ellen Watkins Harper (Unitarian) CC0

Frances Ellen Watkins Harper, public domain image from the Library of Congress

Responsive reading

I’m slowly working on an update to my static website, including a complete overhaul of readings for use in worship that have no copyright restrictions. (I hope that update will be done by 2022.) I’ve been having fun with this project. For example, I found a transcription of a sermon that Rev. Eliza Tupper Wilkes gave at Stanford University’s Memorial Church back in 1895, and arranged some of her words in the form of a responsive reading.

Below you’ll find that responsive reading. I’m releasing my arrangement of Wilkes’s public domain words under a CC0 license so you can freely use them in online worship, in recordings, etc., and you can also revise them and rework them in any way you want.

The Re-creating Force of Love

Life has in it a re-creating force. This force brings to us the sweetest results; it can remove the scar and destroy every sign of injury.

Each great thought emerging in our brains gives to us a new re-creative force, and puts new life in what appeared to be mud and dust.

Through intellect and affection, new life comes to fainting souls. Every new burst of emotion arouses the will, and it is through action that character arises.

So it is that we can change our lives. Our destinies are in our hands: what we love is what we become.

The greatest power is a loving power. But how can we know that great power?

We know it only through the touch of human love.

Adapted from a sermon by Eliza Tupper Wilkes (Universalist), preached May 6, 1895, in Palo Alto, California CC0

Eliza Tupper Wilkes, public domain image from an 1893 book

What we can learn from Afghanistan

Thomas Reese, a senior analyst with Religion News Service, who earned a doctorate in political science from UC Berkeley, has written a short and helpful essay analyzing the U.S. withdrawal from Afghanistan. Early in his essay, Reese points out that the Trump administration made an agreement with the Taliban declaring that the United States would be leaving, and that the Biden administration is finally implementing that agreement. (This was a helpful reminder to me here that both Democrats and Republicans agreed that it was time to leave Afghanistan; it must have seemed a truly hopeless situation if those two deeply polarized parties actually agreed we had to get out.) Moving quickly past blame and recriminations, Reese’s essay gets to what I think is the heart of the issue:

“What we and our allies should learn from Afghanistan, and what we should have learned from Vietnam, is that the United States military cannot save countries from themselves. If their leadership is corrupt, if their government does not have popular support, if the country is divided by warring ethnic or religious factions, if there is civil war, the American military cannot solve their problems. In fact, history tells us that American troops often make matters worse by using tactics that cause disproportionate collateral damage and by making the local military dependent on us.”

This will be hard for many Americans to hear, but it’s obviously true: our military can’t solve every problem. Our leadership, and our electorate, needs to learn this lesson before we get involved in yet another mess like Vietnam or Afghanistan. Reese ends his essay by advocating for morality in diplomacy:

“Political realists argue that morality has no place in foreign policy, but their tactics have consistently failed. It is time to try a moral strategy that uses diplomacy rather than guns, and fights corruption rather than tries to bribe elites to do our bidding.”

I agree with Reese. Back in the 1970s, the Unitarian Universalist church of my childhood was riven by conflict over Vietnam. Some members of the church thought the war in Vietnam was a moral stand against communism. Some church members thought the war in Vietnam propped up an immoral South Vietnamese regime and used immoral methods. When they called Dana Mclean Greeley as their new minister in 1971, they hoped for someone who would offer guidance out of this intra-congregational conflict. Greeley didn’t take sides on Vietnam. Instead he explained that in the nuclear era, war can no longer be considered a reasonable, sensible option. A few months after the United States pulled out of Vietnam, he preached a sermon which was even more pointed:

“War is insanity in this day and age. It is total destructiveness; it is total immorality; it is total waste. The end of war should be our goal today. Negotiation should be our commitment. We ourselves ought to be both wiser and more ethical than our fathers, but we are not.”

Back in 1975, Greeley called upon us to learn how to be ethical. Now in 2021, Reese calls upon us to be moral. I agree with them both. Rather than using the military to try to solve problems, our goal should be — as Greeley said so many years ago — to end all war.

The Ten-minute Wedding

Over the years, I’ve performed a number of ten-minute weddings. What’s the point of a ten-minute wedding? I’ve done these weddings for couples who had a friend officiate at their wedding ceremony then needed a legal wedding, and for other couples whose wedding ceremony was not, for some reason or other, a legal wedding. These weddings are also useful for those who want a courthouse-type wedding, but who prefer not to go to city hall to be married. Mostly I’ve done this type of wedding in my office at church, but memorably I did one for a couple at a restaurant where the waitress was one of the witnesses (the couple gave her a really big tip).

I realized I’ve never put this ten-minute wedding on my Web site. In case it might be useful to someone else, here’s the form I use:


The Ten-Minute Wedding

Intention: A and B, it is now time to begin your passage into marriage, by declaring your intent to marry and then by making your vows to each other. Are you now ready to begin your passage into marriage? [Answer “I am.”]

Vows:

I, A, take you, B, to be my spouse,
to join our visions for a better future,
to join our voices for equality and love,
to have and to hold,
from this day forward,
as long as we both shall live.

I, B, take you, A, to be my spouse,
to join our visions for a better future,
to join our voices for equality and love,
to have and to hold,
from this day forward,
as long as we both shall live.

[Or use these more traditional vows: “I, A, take you, B, to be my spouse, / to have and to hold, / from this day forward, / as long as we both shall live.”]

Declaration: Inasmuch as A and B have agreed in their desire to go forward in life together, seeking an ever richer, deepening relationship, and because they have pledged themselves to meet sorrow and joy as one, we rejoice to recognize them as married.

CC0


As far as I know, all these words are in the public domain, so I slapped a Creative Commons CC0 “No rights reserved” label on the wedding above (the words in blue type). That means it’s in the public domain, so you can use it, modify it, etc.

Here are some thoughts on this wedding from:

(1) Obviously, other vows may be used.

(2) While I’m pretty insistent on making weddings absolutely gender-neutral —I feel vows should be the same for both persons in the couple, and I use the gender-neutral “spouse” — you may have different views on gender neutrality. Feel free to use words like “husband” and “wife,” or to have one spouse to say they’ll “honor and obey” the other spouse (just so long as I don’t have to attend the wedding).

(3) An unspoken assumption in this wedding form is that both persons involved know exactly what they’re getting into, and both freely consent to the marriage. I wouldn’t perform a wedding unless both parties are fluent in English, or unless there’s a certified interpreter — many courthouse officiants have similar requirements. All the usual criteria for consent also apply: e.g., I won’t perform a wedding where one member of the couple appears to be dominating or abusing the other, or where one member of the couple appears to be intoxicated, or where one member of the couple is under the age of consent.

(4) I feel it’s archaic and ridiculous for the officiant to say, “You may now kiss.” (And no way would I ever utter the sexist words, “You may kiss the bride.”) If both members of the couple are above the age of consent, why do they need my permission? But at the end of the brief ceremony, I might remind them that this a a time when couples often kids each other, if they choose to do so.

(5) Although I call this a Ten-minute Wedding, if you’re the officiant you’ll want to schedule at least 15 minutes. You’ll need five minutes to check the marriage license, and get the couple settled down. The actual wedding takes about five minutes. Then another five minutes for you to sign the marriage license, and to have any witnesses sign as well (if your state requires witness signatures).

Finally — yes, I can do a Ten-minute Wedding for you if you need one. Email me to schedule a time to meet in my office. If I don’t know you, I’ll require a minimum $50 donation to LifeMoves, a nonprofit that provides services and housing to homeless people; if you can’t afford $50, let me know and we’ll work out a sliding scale. (Also, if you want anything more than the wedding shown above in blue — that means any customization, including writing your own vows — my fee immediately goes to $500, because customization requires more time from me.)

Hafiz, Kalidasa, or Anonymous?

Two readings in Singing the Living Tradition, the 1993 Unitarian Universalist hymnal, have been bothering me. I’m not sure I believe their attributions.

(1) The first, #607, is a reading attributed to Khwaja Shams-ud-Din Muhammad Hafez-e Shirazi, better known by his pen name Hafiz (or Hafez):

“Cloak yourself in a thousand ways, and still I shall know you, my Beloved.
Veil yourself with every enchantment, and yet I shall feel your Presence, most dear, close and intimate.
I shall salute you in the springing of cypresses, and in the sheen of lakes the laughter of fountains.
I shall surely see you in tumbling clouds, in brightly embroidered meadows.
O beloved Presence, more beautiful than all the stars together,
I find your face in ivy that climbs, in clusters of grapes, in morning sun on the mountains, in the clear arch of the sky.
You gladden the whole earth and make every heart great. You are the breathing of the world.”

I didn’t find this poem searching either Google Books or Archive.org. Admittedly, Hafiz wrote hundreds of poems, so I can’t say that I’ve made a definitive search. However, I did notice that when searching the Internet for specific phrases from this reading, what comes up are mostly Unitarian Universalist Web sites.

I have no idea where this reading came from. It sounds somewhat like Hafiz. But who’s the translator? Where’s the reference to the Persian original? And then when I do a Web search for the final phrase, “breathing of the world,” there’s a lot of Unitarian Universalist sources that turn up. I wouldn’t be surprised if this turned out to be a Unitarian Universalist interpretation of a genuine Hafiz poem. I also wouldn’t be surprised if this turned out to be another poem by that most prolific of American poets, Anonymous. Given all this, the best attribution for this reading is probably “Unknown.”

But a big part of the attraction of this poem is that it’s supposed to be a Sufi poem. Many American Unitarian Universalists get their God fix by finding a non-Western author who expresses theistic sentiments; God seems less threatening when it comes from the non-Western world. I have to wonder if some Western religious liberal wrote this, using a pastiche of Sufi-sounding sentiments, to safely express their theism — which sounds like a kind of religious colonialism that I don’t want to have any part of. With that ugly possibility in mind, until someone can prove to me that this is a genuine translation of a Hafiz poem, I don’t think I want to use it.

Update, 5/31: Lisa identified this as a quote from Goethe; see the comments.

(2) The second reading which has been bothering me is #419, the one that begins begins “Look to this day!” The hymnal says, “Attributed to Kalidasa.” But should it really be attributed to the ancient Sanskrit poet? The first appearance of this quotation on Google Books appears in the 1895 Cornell University class book; thereafter, it appears in many different popular publications. But a search of Google Books and of Archive.org brings up no instance of this reading appearing in any translation of Kalidasa’s work, nor in any translation of any Sanskrit poems. To me, it doesn’t sound much like Sanskrit poetry, but it does sound a lot like one of those late nineteenth century American verses used as fillers by editors of periodicals.

Here’s the version reprinted in the April, 1911, newsletter of Bullfinch Place Church (Unitarian), Boston:

“Look to this day!
For it is life, the very life of life.
In its brief course lie all the verities and realities of your existence:
The bliss of growth—the glory of action—the splendor of beauty.
For yesterday is but a dream,
And tomorrow is only a vision,
But today well-lived, makes every yesterday a dream of happiness, and every tomorrow a vision of hope.
Look well, therefore, to this day.
Such is the salutation of the dawn.”

In the absence of proof that this really is a Sanskrit poem, the best attribution for this is “Anonymous.” With that attribution, this is still a good inspirational reading — no need to dress it up by calling it Sanskrit.