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.

Unitarians in Palo Alto, 1926-1947

Part Six of a history I’m writing, telling the story of Unitarians in Palo Alto from the founding of the town in 1891 up to the dissolution of the old Unitarian Church of Palo Alto in 1934. If you want the footnotes, you’ll have to wait until the print version of this history comes out in the spring of 2022.

Part One — Part Two — Part Three — Part FourPart Five

Decline and dissolution, 1926-1934

In late 1925, Elmo Robinson could look back on “four happy years, profitable to me, and I hope to the church.” But he had grown restive. He received a grant so that he could study for a semester at Harvard University in the first half of 1926. He found, or the church found, Leila Lasley Thompson to fill in for him while he was away. Thompson had married a soldier in 1918 who then was killed in action a few months later, leaving her a war widow. She then studied for the ministry at Manchester College, Oxford, England, a Unitarian theological school; was fellowshipped as a Unitarian minister by the American Unitarian Association; and pursued post-graduate study in 1925 at the Pacific Unitarian School for the Ministry.

Robinson departed at the end of 1925, leaving Leila Thompson in charge of the congregation. The congregation ordained her on Sunday, February 7, 1926. A month or so later, Robinson decided that he wasn’t going to return to the church. He apparently decided to pursue an academic career, although a note from him dated April 5, 1926, has a cryptic reference about protecting himself from “the charge of using this leave of absence as an opportunity of running away from an unpleasant situation without giving everyone a chance to be heard.” The “unpleasant situation” may well have been the long-standing conflict between the pacifist faction and the pro-war faction. Not even Robinson, with his skill and experience, had been able to heal that conflict.

After going east, Robinson never returned to Palo Alto — which sounds a little too much like Bradley Gilman’s departure from the church. In September, 1926, the church called Leila Thompson as the sole minister of the church. She was reportedly the first regularly ordained woman to serve a minister of a Palo Alto church.

Sadly, Leila Thompson received little support from the lay leaders. Sunday morning attendance dropped even more, from 34 in 1925, down to 27 in 1926, and then to 22 in 1927. Sunday school plummeted from 62 in 1925 down to 25 by 1927. The Young People’s Group continued to be active; Gertrude Rendtorff was still a Stanford student, and perhaps her continued participation kept that group going.

Alfred S. Niles, a lifelong Unitarian, moved to Palo Alto with his wife Florence, also a Unitarian, in the fall of 1927. When they arrived in town, Alfred and Florence sought out the Unitarian church. He found a church that was “still functioning, but rather feebly.” He was told that the church had once been active, “but the minister at the time of World War I had been a pacifist and conscientious objector [i.e., William Short, Jr.], and this had caused a split in the church from which it never recovered.”

Attendance got so low that the congregation tried moving the services to the evening, but that didn’t help matters. At the end of December, 1927, Leila Thompson resigned. It appears from the extant records that everyone became aware that there really wasn’t enough money to pay her salary any more, not even with the assistance the church still received from the American Unitarian Association. The church got Clarence Vickland, a student at the Pacific Unitarian School for the Ministry, to come preach to them in 1927-1928. Sunday morning attendance continued to drop, down to an average of 21, and by December, 1928, the Sunday school had closed “as there was not sufficient interest manifested to justify continuing the work.”

Finally, in 1929, the church stopped holding services altogether. Clarence Vickland wrote to the Women’s Alliance asking if they would like to host a visiting Unitarian minister on March 3, but they replied that “it would be impossible to get the congregation together.” 1929 was also the year that Karl and Emma Rendtorff retired to Carmel. With the Rendtorffs about to leave town, there was no real hope for the church. In May, 1930, Rufus Hatch Kimball reported to the Women’s Alliance that the Board of Trustees had turned the church building over to the American Unitarian Association. The church had finally dissolved.

The Women’s Alliance was declining, too. They continued to work on charitable projects — at their June, 1932, meeting, they worked on sewing for the Needlework Guild — but their numbers were shrinking. By May, 1930, the membership list had only nineteen names, and after Anna Probst Zschokke’s name appeared the notation, “Died May 30, 1929.” Like the church, the Alliance was slowly winding down and dying away.

The building sat vacant until early 1931. Then in February, 1931, Mary Engle reported to the Alliance that the American Unitarian Association had begun fixing up the building, and it was “now all in good repair and new locks have been put on the doors so that no invading hands could open them and…have access to Church of Alliance property.” By Easter Sunday, services were once again being held in the church, and Merrill Bates, the theological student who had been given charge of the church, had started up the church school once again.

The Alliance tried to help with the revived Sunday school, but grew discouraged with the tiny attendance, leaving Merrill Bates to manage on his own. Merrill Bates, Berkeley Blake, regional field secretary for the American Unitarian Association, and William S. Morgan, president of the Pacific Unitarian School for the Ministry, each preached to the church once a month, with Bates arranging supply preachers for the other Sundays.

Bates continued in the Palo Alto church until he graduated in spring of 1934. It’s hard to know how many of the old-time members still participated in the church. On March 27, 1932, Henry David Gray, who had become a member of the church in 1905, preached the Easter sermon. But most of the old members had either died, or moved away, or given up on the church. The Alliance held its last meeting on October 11, 1932, without even coming to a conclusion as to whether they should formally dissolve or not.

In April, 1934 — a month or so before Merrill Bates graduated from the Pacific Unitarian School for the Ministry — the American Unitarian Association put a “For Sale” sign up in front of the building. The building soon sold, for less than its mortgaged value. The American Unitarian Association retained possession of the organ, however, and gave it to the Unitarian church in Stockton, Calif. on permanent loan (Clarence Vickland was then the minister in Stockton). As Alfred Niles put it, there would be “no more organized Unitarianism in Palo Alto for several years.”

Interregnum, 1934-1947

Indeed, there was no organized Unitarianism in Palo Alto for almost exactly thirteen years. In 1936, the liberal Quaker Elton Trueblood became the chaplain at Stanford University, and some Unitarians — like Alfred and Frances Niles — found Stanford’s Memorial Church a congenial place to go on Sunday mornings. Other Unitarians found other religious homes. Josephine Duveneck became active with the American Friends (Quaker) Service Committee, and eventually became a Quaker herself. Alice Locke Park also became a Quaker. Several Palo Alto Unitarians gave up on organized religion altogether.

Even for the Unitarians who went to hear Elton Trueblood preach each week at Stanford, there was no Unitarian Sunday school for those with children, and there was no Unitarian minister to officiate at rites of passage such as weddings and funerals. Perhaps more importantly for many, there was no Unitarian community of which to be a part. Then when Elton Trueblood left Stanford in 1945, there wasn’t even any liberal preaching in town.

In May, 1944, the American Unitarian Association organized the Church of the Larger Fellowship to serve Unitarians who didn’t have a nearby Unitarian church that they could belong to. This was a sort of mailorder church which sent monthly newsletters with sermons and other material of interest to Unitarians; it was, in a sense, an expansion of the old Post Office Mission. The Church of the Larger Fellowship grew quickly, and within three years, a dozen or so Palo Alto Unitarians had already joined.

A New Congregation, 1947

In November, 1946, Alfred Niles saw a notice in the Christian Register, then the name of the denominational periodical, that the American Unitarian Association had appointed Rev. Delos O’Brian to be the the Regional Director for the West Coast, with an office in San Francisco. In February, 1947, Alfred Niles made an appointment to visit Delos O’Brian, who showed him two lists of names from the Church of the Larger Fellowship, one with a dozen names from the Palo Alto area, and another with a dozen names from San Mateo. Delos O’Brian was still undecided whether to organize a new Unitarian church in Palo Alto or San Mateo, and Alfred Niles later claimed that it was his visit that helped tilt the balance to Palo Alto. And on April 6, 1947, Delos O’Brian held an initial meeting to organize a new Unitarian group in Palo Alto. The Palo Alto Unitarian Society, as it was first known, grew quickly. Organized Unitarianism had finally returned to Palo Alto.

But even though many of the members of the old Unitarian Church of Palo Alto still lived in the area, most of them did not join the new congregation. Ruth and Everett Calderwood, who were only in their fifties, first claimed they were too elderly to take part, though later they did make financial contributions to the church. Katherine Carruth, who was then seventy-one, said she was sorry but she was too old to participate.

Edna True, on the other hand, who at seventy-two was older than the Calderwoods or Katherine Carruth, attended the very first meeting of the society, and became a member of the congregation. Clearly, while some Palo Alto Unitarians retained their enthusiasm for being part of a Unitarian church, others had lost all such enthusiasm. When Dan Lion arrived in Palo Alto as the first full-time minister of the new church, he made contact with some of the former Palo Alto Unitarians. He made an audio recording of his memories of calling on some of those former Palo Alto Unitarians, and while that recording has been lost, nevertheless, we can make a pretty good guess why those former Palo Alto Unitarians stayed away — the bitter conflicts that split the church, the incessant lack of money, the sense that they had been betrayed by some of their ministers and by the denomination, all contributed to drive these people away from any Unitarian congregation.

Other former Palo Alto Unitarians were happy to join the new congregation. Alfred and Frances Niles were central figures in the new congregation. Edna True was a member of the congregation up until she died, when she left a large bequest to the church. Rufus Kimball was integral in helping the new congregation claim its tax-exempt status. Ruth Steinmetz, a graduate of the old church’s Sunday school, joined the new church and remained active in it the rest of her life. Cornelis Bol, who had moved to Holland before the First World WAr, returned to Palo Alto in time to join the new congregation. Walter Palmer, who lived in Oakland by then, heard about the new church, and contacted them saying that he had been one of the charter members of the old church, and would like to be on the mailing list, though he wouldn’t be able to participate. Gertrude Rendtorff, living in Monterey, also heard about the new church in Palo Alto and asked to be on the mailing list.

Then too, as time went on, descendants of some of those former Palo Alto Unitarian families resumed a connection to the church. Guido Townley Marx, grandson of Palo Alto Unitarians Guido H. and Gertrude Marx, was married in the new church. Candace Longanecker, granddaughter of Errol and Laura Longanecker, was another grandchild who was married in the new church. And over the years, Dan Lion officiated at the memorial services of a handful of those former Palo Alto Unitarians.

The new congregation, renamed the Palo Alto Unitarian Church in 1951, was wildly successful. By 1965, they had three worship services each Sunday, and the Sunday school had some six hundred children enrolled. In less than twenty years, the Palo Alto Unitarian Church became one of the largest Unitarian congregations on the West Coast. So why did the old Unitarian Church of Palo Alto die, and the new Palo Alto Unitarian Church succeed?

Partly, it was a matter of demographics and the economy. Before the Second World War, Palo Alto was a small town, probably too small to support a viable Unitarian church. After the war, both Palo Alto and the surrounding area gained population rapidly while at the same time the economy was booming. This meant the new congregation could grow quickly so it didn’t need to be subsidized by the denomination, and furthermore the new congregation could attract, and pay for, excellent professional leadership. But then when the new congregation faced financial stress in the late 1960s and early 1970s, due both to demographic decline and a declining economy, conflict erupted and membership and participation plummeted. Demographics and the economy are major influences on congregational growth and decline.

It was also partly because the old Unitarian Church of Palo Alto was unable to integrate new leadership. It’s no coincidence that the congregation died within a year after Karl and Emma Rendtorff retired to Carmel. By the 1920s, the Women’s Alliance consisted solely of elderly and middle-aged women; the older women had not made room for young women to be part of the Alliance. As they aged, the small core of leaders that ran the old church was reluctant to share power with younger people.

Then too, the conflicts that engulfed the old church never healed. Marion Alderton, Alice Park, Josephine Duveneck and others never really forgave their fellow Unitarians. And there were others who didn’t formally resign from the church, but nor could they ever quite forgive. The old Unitarian Church of Palo Alto proved unable to deal effectively with the conflict between the pro-war faction and the pacifists.

Perhaps most importantly, though, the old Unitarian Church of Palo Alto didn’t have a compelling vision for itself. For much of its history, it was little more than a social club that happened to own a beautiful little building. This was part of the reason they couldn’t overcome their conflicts — when a congregation is little more than a social group, with no big purpose, there is nothing larger to inspire people to move past the conflict. Because the congregation was little more than a social group, when Elmo Arnold Robinson came along and welcomed people of different classes and ethnic groups into the church, the long-time members didn’t even bother to engage with the newcomers. As a result, they were unable to retain the newcomers who could provide new leadership, and help pay the bills. Indeed, by the late 1920s the long-time members seemed to have lost interest in Unitarianism, and to have lost interest in figuring out how their Unitarian church could affect the wider community.

In late 1947, Rev. Nat Lauriat ran into a similar problem, with a new generation of Palo Alto Unitarians. Lauriat was the dynamic minister of the San Jose Unitarian church who drove up to Palo Alto each week to preach to the new Palo Alto Unitarian Society, and to help them get organized. He wrote to denominational officials that “the general feeling was to proceed with great caution, and just have a pleasant little group.” However, Nat Lauriat found younger Unitarians who “wanted more action and growth,” and with his encouragement, these younger Unitarians were the ones who took over leadership, and built a thriving new congregation on their vision of Unitarianism as a force for good in the world. Nat Lauriat challenged the Palo Alto Unitarians to think of liberal religion as more than just a social club.

This is a perennial challenge for any Unitarian Universalist congregation. It is a challenge that Palo Alto Unitarian Universalists face today. There is still a feeling among some of today’s Palo Alto Unitarian Universalists “to proceed with great caution, and just have a pleasant little group.” But when we hear the story of the old Unitarian Church of Palo Alto, we find that proceeding “with great caution” and having “a pleasant little group” ultimately leads to decay and dissolution. It’s the congregations with a larger vision — the congregations that hunger for “more action and growth” — that grow and thrive, that nurture the growth of their members, and that ultimately change the world around them for the better.

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….

Unitarians in Palo Alto, 1921-1925

Part Five of a history I’m writing, telling the story of Unitarians in Palo Alto from the founding of the town in 1891 up to the dissolution of the old Unitarian Church of Palo Alto in 1934. If you want the footnotes, you’ll have to wait until the print version of this history comes out in the spring of 2022.

Part OnePart TwoPart ThreePart Four

A Fresh Start, 1921-1925

In November, 1921, Elmo Arnold Robinson, known as “Robbie,” arrived at the Unitarian Church of Palo Alto with his wife Olga and sons Kelsey, who was 9 months old, and Arnold, almost 5 years old. Robbie, ordained as a Universalist minister, had lots of experience in small congregations, plus he had just finished a two-year stint as the Director of Religious Education at a church in southern California. Olga was also licensed as a Universalist minister, although her time was taken up with her small children. It’s hard to imagine that the Unitarian Church of Palo Alto could have found a better match for their needs.

Not much happened in Robinson’s first year, except that Sunday school enrollment dropped still further. Emma Rendtorff had been the superintendent of the Sunday school in the 1920-1921 school year, and Sunday school enrollment crept back up to 31 children, but that was Emma’s last year as superintendent; her daughter Gertrude entered Stanford University in the fall of 1921, so Emma was no longer quite so invested in the Sunday school. In 1921-1922, Elmo Robinson’s first year, the church went through three Sunday school superintendents: Jessie Morton, who was William H. Carruth’s mother-in-law; William Ewert, a student at Stanford University; and Frank Gonzales, another Stanford student who served the longest of the three. With all that turnover, it’s not surprising that enrollment in the Sunday school dropped to 20, probably the lowest enrollment since 1908.

But Elmo Robinson had already turned his thoughts to religious education. In the summer of 1922, his essay “The Place of the Child in the Religious Education Community” was published in the Pacific Unitarian. This essay outlined a progressive philosophy of religious education that was tied to social reform:

“Every religious community believes that the future can be made better than the present. Every church, while cherishing certain ideals and methods of the past, must fire its young people with a vision of the future which will encourage them to devise new ways and means to realize it. Do you want world peace? World justice? The cooperative commonwealth?… All these things can be accomplished only by admitting children and young people to the full fellowship of the religious community as friends….”

Presumably, this essay repeated what had already been going on in the Palo Alto church. Bertha Chapman Cady was one of the teachers in the Sunday school in 1921-1922, and she involved the children in helping to run the class; one of her daughters, for example, became the class secretary. Children were becoming fully involved into the religious community of the church. The lay leaders seem to have found his vision a compelling one. The next school year, 1922-1923, the charismatic William Carruth agreed to be the superintendent of the Sunday school, and enrollment immediately shot up to 33 children.

Continue reading “Unitarians in Palo Alto, 1921-1925”

“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.

Thanksgiving with family, pt. 3

In the conclusion to the “Thanksgiving with Family” series, Muds and Possum talk over the Thanksgiving dinners they had with their relatives. For both of them, it didn’t go as badly as they had feared!

As usual, full text is below the fold.

Continue reading “Thanksgiving with family, pt. 3”

Thanksgiving with family, pt. 2

Dr. Sharpie, Rolf, Ms. and Mr. Bear, and Elephant share Thanksgiving dinner together. They wonder how Thanksgiving dinner went for Muds and Possum. Just then, Muds and Possum come home….

As usual, full text is below the fold. Part 3 coming soon.

Continue reading “Thanksgiving with family, pt. 2”