Venus Music Corporation v. Mills Music, Inc.

I. R. KAUFMAN, District Judge.

This action concerns the ownership of the renewal right in the copyright on a popular song entitled “Mary Lou." Both plaintiff and defendant claim renewal rights through Abe Lyman, one of three co-authors. Defendant’s claim arises under an unrecorded assignment from Lyman in 1936, plaintiff’s under a 1942 assignment, duly recorded. After a trial without a jury the court below entered judgment for defendant, finding that the 1936 assignment to defendant included Lyman’s renewal right and that plaintiff may not claim priority under the recording statute. Plaintiff…