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FISHER CO. v. WITMARK & SONS

No. 327.

318 U.S. 643 (1943)

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

Supreme Court of United States.

Decided April 5, 1943.

Attorney(s) appearing for the Case

Mr. John Schulman, with whom Mr. Arthur Garfield Hays was on the brief, for petitioners.

Mr. Robert W. Perkins, with whom Mr. Stuart H. Aarons was on the brief, for respondent.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This case presents a question never settled before, even though it concerns legislation having a history of more than two hundred years. The question itself can be stated very simply. Under § 23 of the Copyright Act of 1909, 35 Stat. 1075, as amended,1 a copyright in a musical composition lasts for twenty-eight years from the date...

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