“I’ll Fly Away” to Court

We are saddened by news that the beloved hymn “I’ll Fly Away” continues in litigation. Albert Brumley, Sr., wrote this song in the late 1920’s, and it was published in 1932. It has been recorded by numerous artists, sold millions of records, and appears in numerous hymnals.  Before Mr. Brumley died in 1977, he purportedly conveyed the copyright to two of his sons. In 2006, the other four Brumley children commenced litigation to terminate the 1975 copyright transfer to their brothers. A trial was held in 2010, and the Sixth Circuit Court of Appeals just issued a ruling in this case (Brumley v Albert Brumley & Sons, Inc, http://www.ca6.uscourts.gov/opinions.pdf/13a0229p-06.pdf), remanding it to the trial court for further proceedings. The case has now been going on for seven years.

It’s been called “the most recorded gospel song,” according to Wikipedia. The lyrics promise, “Some glad morning when this life is o’er, I’ll fly away / To a home on God’s celestial shore, I’ll fly away.” One wonders if Mr. Brumley was only too happy to fly away from the brewing conflict among his children – or whether he could have done more to prevent it.

Conflicts among siblings are ripe for resolution through mediation. Is this dispute only about the royalties from this song (which presumably are huge, given its ongoing popularity)? Or, for example, are some siblings miffed that Dad excluded them when he was doling out copyrights? Or that the two brothers unfairly coerced Dad into giving them sole rights? Or that the brothers broke a promise to Dad that the brothers would share profits with the other siblings? Or that Dad knew the other four were spendthrifts? Mediation could unearth, and address, some of the underlying motivations that are driving this conflict.

Moreover, if the Brumley children are Christians, they should heed the proscription against civil litigation found in I Corinthians 6:1-7. One of Paul’s reasons for prohibiting civil lawsuits among believers was the poor witness that they provide to the wider world. The irony of a gospel song spawning years of litigation was not lost on the Sixth Circuit, which began its opinion by quoting the first two lines of the song, and observing, “Unfortunately, Brumley Sr.’s death would lead to a familial dispute concerning ownership of the Song’s copyright.”

The song just won’t sound the same to me – until we hear that the siblings have resolved this and reconciled.

Just a few more weary days and then, I’ll fly away
To a land where joys will never end, I’ll fly away.
I’ll fly away, oh glory, I’ll fly away in the morning;
When I die, hallelujah by and by, I’ll fly away.