Fred Fisher Music Co. v. M. Witmark & Sons
United States Supreme Court
318 U.S. 643 (1943)
- Written by Eric Miller, JD
Facts
The popular song “When Irish Eyes Are Smiling” was copyrighted by music publishers M. Witmark & Sons (Witmark) (plaintiff) in 1912. In 1916 one of the song’s composers, George Graff, Jr., assigned to Witmark all interests not only in the song’s copyright, but also in the future renewal of the copyright. In 1939 Witmark registered the renewal interest in Graff’s name and assigned it to Witmark. However, days later, Graff himself registered the renewal interest and assigned it to another publisher, Fred Fisher Music Co. (Fisher) (defendant). Fisher then began selling the song. Witmark brought suit to enjoin Fisher from further sales. The district court found in favor of Witmark, holding that Graff had validly assigned his interest in the copyright’s renewal term. Fisher appealed. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Frankfurter, J.)
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