Fred Fisher Music Co. v. M. Witmark & Sons

Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643 (1943), was a United States Supreme Court case in which the Court held the renewal of copyright for the second term is not an opportunity for an author to renegotiate terms made during the first term that extended beyond the first term's length.[1]

Fred Fisher Music Co. v. M. Witmark & Sons
Argued January 14–15, 1943
Decided April 5, 1943
Full case nameFred Fisher Music Co. v. M. Witmark & Sons
Citations318 U.S. 643 (more)
63 S. Ct. 773; 87 L. Ed. 1055
Holding
The renewal of copyright for the second term is not an opportunity for an author to renegotiate terms made during the first term that extended beyond the first term's length.
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
Robert H. Jackson · Wiley B. Rutledge
Case opinions
MajorityFrankfurter
DissentBlack, Douglas, Murphy
Rutledge took no part in the consideration or decision of the case.
Abrogated by
Copyright Act of 1976

Justices Black, Douglas, and Murphy dissented from the decision, citing the lower court judge's opinion rather than composing their own.

The Copyright Act of 1976 abrogated this decision and assigned the decision of whether or not to renew to the original copyright holder.[2]

References

  1. Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643 (1943).
  2. 17 U.S.C. § 304 (specifically 304a)
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