The unofficial anthem of the civil rights movement, ‘We Shall Overcome’ was registered as an ‘unpublished derivative work’ by Ludlow Music in the early 1960’s.

But a lawsuit was filed on Tuesday in New York federal court on behalf of the We Shall Overcome Foundation claims this copyright only covers some new verses and an arrangement, not the original melody and lyrics, and that the song belongs in the public domain. The suit seeks a return of ‘unlawful licensing fees’ from the publishers.

In a statement to NPR, The Richmond Organization and Ludlow Music, the defendants in the case, write that all of the royalties generated by the song have gone toward supporting the We Shall Overcome Fund’s ‘mission to nurture grassroots efforts within African American communities to use art and activism against injustice.’