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

Background

A music publisher (M. Witmark & Sons) and a songwriter (George Graff, Jr.) disagreed over who owned the renewal rights to the popular song "When Irish Eyes Are Smiling." Graff had signed a 1917 contract assigning "all rights" and gave Witmark power to secure renewals. In 1939 Witmark registered the renewal in Graff’s name and assigned the renewal to itself. Graff later registered and assigned his renewal interest to another publisher, Fred Fisher Music, which then published copies claiming ownership. Witmark sued to stop Fisher’s sales.

Reasoning

The Court considered whether the Copyright Act of 1909 prohibits an author from assigning a contingent renewal interest before the renewal term arrives. Relying on the statute’s plain text, the long history of copyright law back to the Statute of Anne and the 1790 and 1831 Acts, legislative reports, and actual practice and records showing many recorded renewal assignments, the Court concluded the Act contains no statutory bar. The Court therefore affirmed the lower courts’ rulings that such advance assignments are not nullified by the statute. The Court did not decide separate fairness issues or whether a particular deal was so unfair that courts should refuse to enforce it.

Real world impact

The decision means authors and songwriters may make enforceable advance deals selling renewal rights, and music publishers can rely on recorded assignments to protect and enforce those interests. Challenges based on inadequate consideration or unconscionable pressure remain matters for courts to decide in particular cases.

Dissents or concurrances

Three Justices disagreed, believing the legislative history showed Congress meant renewal benefits for authors and families and would have denied enforcement in this case.