“Edelweiss” is a show tune from the 1959 Rodgers and Hammerstein musical The Sound of Music. It is named after the edelweiss, a white flower found high in the Alps (Leontopodium nivale). The song was created for the 1959 Broadway production of The Sound of Music, as a song for the character Captain Georg von Trapp (originated by the performer Theodore Bikel). In the musical, Captain von Trapp and his family sing this song during the concert near the end of Act II, as a statement of Austrian patriotism in the face of the pressure put upon him to join the navy of Nazi Germany following the Anschluss (Nazi annexation of their homeland). It is also Captain von Trapp’s subliminal goodbye to his beloved homeland, using the flower as a symbol of his loyalty to Austria. In the 1965 film adaptation, the song is also sung by the Captain earlier in the film when he rediscovers music with his children.
“Edelweiss” was commonly believed to be an old Austrian folk song. However, in the case of the “Edelweiss” infringement, what happened was that someone whose identity is now long lost to us wrote a benediction text (“May the Lord, mighty God, bless and keep you forever”) that was to be sung to the Sound of Music tune for a United Methodist Women’s gathering in the 1970s. The words were freely shared with the instruction that they be sung to “Edelweiss” and this instruction was often included in church worship bulletins. Local church organists and pianists scrambled to find a copy of the Broadway show song to keep in their benches for use on Sunday morning, right along with the Doxology and Gloria Patri. Use of the song spread quickly to Christian churches of many denominations, and the text was even included in some collections. Composer Richard Rodgers (and now his estate since his death) began contacting a few congregations that were using his music for this benediction. He informed them that the copyright on his music and Hammerstein’s text were inextricably and legally joined and that by law neither the text nor the music of that song could be legally used without the exclusive presence of the other. In other words, Rodgers’ music could be used only with Hammerstein’s words, and Hammerstein’s words only with Rodgers’ music. If churches wanted to sing this benediction to his music, they must ask his permission. Making use of a well-attended press conference and continuing media coverage, Rodgers made it very clear that he would not approve of any exception to this and furthermore that he would take legal action against any group that made use of the “Edelweiss” music with anything other than the “Edelweiss” words. Rodgers was exercising his legal rights under copyright law and those rights continue today to his estate for the duration of the copyright period on this song.