Fred Fisher Music Co. v. M. Witmark & Sons
Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643 (1943), was a United States Supreme Court case in which the Court held the renewal of copyright for the second term is not an opportunity for an author to renegotiate terms made during the first term that extended beyond the first term's length.[1]
| Fred Fisher Music Co. v. M. Witmark & Sons | |
|---|---|
 | |
| Argued January 14–15, 1943 Decided April 5, 1943 | |
| Full case name | Fred Fisher Music Co. v. M. Witmark & Sons |
| Citations | 318 U.S. 643 (more) 63 S. Ct. 773; 87 L. Ed. 1055 |
| Holding | |
| The renewal of copyright for the second term is not an opportunity for an author to renegotiate terms made during the first term that extended beyond the first term's length. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Frankfurter |
| Dissent | Black, Douglas, Murphy |
| Rutledge took no part in the consideration or decision of the case. | |
Abrogated by | |
| Copyright Act of 1976 | |
Justices Black, Douglas, and Murphy dissented from the decision, citing the lower court judge's opinion rather than composing their own.
The Copyright Act of 1976 abrogated this decision and assigned the decision of whether or not to renew to the original copyright holder.[2]
References
External links
- Text of Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643 (1943) is available from: CourtListener Justia Library of Congress
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