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M. WITMARK & SONS v. FRED FISHER MUSIC CO.

No. 123.

125 F.2d 949 (1942)

M. WITMARK & SONS v. FRED FISHER MUSIC CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 11, 1942.

Attorney(s) appearing for the Case

Stuart H. Aarons, of New York City (R. W. Perkins, of New York City, on the brief), for plaintiff-appellee.

John Schulman, of New York City (Hays, St. John, Abramson & Schulman and Milton Sargoy, all of New York City, on the brief), for defendants-appellants.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

We are presented with a question of statutory construction which has apparently never arisen before, though the general statutory provision has existed for over a hundred years. Simply stated, the problem is whether or not a copyright holder may assign his expectancy of the renewal right which arises under 17 U.S.C.A. § 23 at the expiration of the original twenty-eight year copyright grant. The district court upheld the validity of the assignment...

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