Legal Opinion

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

Supreme Court of the United States

Decided April 5, 1943No. 327PublishedCited by 112 opinions

1Opinion of the CourtJustice Frankfurter

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 of its first publication, and the author can renew the copyright, if he is still living, for a further term of twenty-eight years'by filing an application for renewal within a year before the expiration of the first twenty-eight year period. Section 42 of the Act…

2Cases cited9 opinions

  1. Union Pacific Railroad v. Public Service CommissionSupreme Court of the United States · 1918
  2. Post v. JonesSupreme Court of the United States · 1857
  3. Lonergan v. BufordSupreme Court of the United States · 1893
  4. White-Smith Music Pub. Co. v. GoffCourt of Appeals for the First Circuit · 1911
  5. Paige v. BanksSupreme Court of the United States · 1872

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3Cited by112 opinions

  1. Marvel Characters, Inc., Plaintiff-Counter-Defendant-Appellee v. Joseph H. Simon, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2002
  2. De Sylva v. BallentineSupreme Court of the United States · 1956
  3. Stewart v. AbendSupreme Court of the United States · 1990
  4. Roger Miller Music, Inc., and Mary A. Miller, Plaintiffs-Appellants/cross-Appellees v. Sony/atv Publishing, Llc, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2007
  5. Davis v. BligeCourt of Appeals for the Second Circuit · 2007

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