Quimbee logo
DMCA.com Protection Status

In re Waterson, Berlin & Snyder Co.

48 F.2d 704 (1931)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

In re Waterson, Berlin & Snyder Co.

United States Court of Appeals for the Second Circuit

48 F.2d 704 (1931)

Facts

In 1929 a music publisher, Waterson, Berlin, and Snyder Company filed for bankruptcy at a time when the company was under contract with 22 composers (plaintiffs) to publish their songs and provide them with royalties. Under the contract, the composers’ assignments of their songs to the music publisher were absolute, granting the company title to work the copyrights. Under the agreement, the composers were to receive a third of the revenue minus costs from mechanical reproductions and a penny for each song sold. About one month after the composers were due to receive royalties, the music publisher filed for bankruptcy. The bankruptcy trustee (defendant) decided to sell the copyrights and invited bids with notice to potential buyers that the buyers could purchase the songs without being subject to royalty claims. The composers filed a petition seeking to have the district court either require the bankruptcy trustee to assign the copyrights to the songs back to the composers or to sell the copyrights subject to the composers’ royalty claims. The district court granted the composers rescission of the contract and instructed the bankruptcy trustee to assign the copyrights back to the composers. The composers were required to return any advance royalties they may have received. The bankruptcy trustee appealed, raising questions as to whether the trustee was permitted to sell the copyrights and whether buyers could purchase them subject to royalty claims.

Rule of Law

Issue

Holding and Reasoning (A. Hand, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership