In a recent decision from the Middle District of Tennessee, the court sorted out a copyright dispute over the famous gospel song I’ll Fly Away. The history behind the song and the dispute is both interesting and colorful, and is well-chronicled in the court’s decision. The case pitted the heirs of the original composer of the gospel song against one another in litigation determining the proper ownership of rights in the song. This involved a nuanced analysis of termination rights under the Copyright Act. As the court discussed the crux of the legal analysis, it surveyed a series of cases from the Ninth and Second Circuits that most directly addressed the issue. Yet the court also recognized the “absence of any clear guidance from the Sixth Circuit” on the termination questions posed in the case. Therefore, this case presents the Sixth Circuit with an opportunity to clarify the law within the Circuit on the question of termination rights under the Copyright Act. We will certainly be following this case to see how it evolves at the Sixth Circuit.
