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HARRY FOX AGENCY, INC. v. MILLS MUSIC, INC.

No. 1105, Docket 83-7009.

720 F.2d 733 (1983)

HARRY FOX AGENCY, INC., Plaintiff, v. MILLS MUSIC, INC., Defendant-Appellee, and Marie Snyder and Ted Snyder, Jr. d/b/a Ted Snyder Music Publishing Co., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 18, 1983.

Certiorari Granted March 26, 1984.

Attorney(s) appearing for the Case

Harold R. Tyler, Jr., New York City (Frederick T. Davis, Robert P. LoBue, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for defendant-appellant Snyder.

Marvin E. Frankel, New York City (Michael S. Oberman, Steven E. Greenbaum, Kramer, Levin, Nessen, Kamin & Frankel, New York City, of counsel), for defendant-appellee Mills Music, Inc.

Melville B. Nimmer, Los Angeles, Cal. (Sidley & Austin, Los Angeles, Cal., of counsel), for amicus curiae National Music Publishers Ass'n.

Irwin Karp, Port Chester, N.Y., for amicus curiae Authors League of America, Inc.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.

Certiorari Granted March 26, 1984. See 104 S.Ct. 1676.

OAKES, Circuit Judge:

This appeal presents a novel question of considerable importance concerning the meaning and application of the "derivative works exception" to the termination-of-transfers provision of the Copyright Act of 1976, 17 U.S.C. § 304(c)(6) (1977). At stake is whether the heirs of the composer of a song, or instead a music publishing company, are entitled to mechanical royalties from...

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