T.B. Harms Co. v. Eliscu
United States Court of Appeals for the Second Circuit
339 F.2d 823 (2d Cir. 1964)
Vincent Youmans composed and copyrighted four songs. Edward Eliscu (defendant) had certain rights in the copyright. When the copyrights of the songs were about expire, Youmans’s children and Eliscu filed copyright renewal applications with the Copyright Office. The children assigned their rights in the renewal to T.B. Harms (Harms) (plaintiff), but Eliscu assigned his rights to a third party. Eliscu, however, had allegedly agreed to assign his rights to Harms in exchange for certain royalties. Harms brought suit in federal court for declaratory relief, seeking to establish ownership of the copyrights. The United States Court for the Southern District of New York dismissed the complaint for lack of federal jurisdiction. Harms appealed.
Rule of Law
Holding and Reasoning (Friendly, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 154,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,500 briefs, keyed to 184 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.