Jackson Brumley v. Albert Brumley & Sons, Inc.

OPINION

SUTTON, Circuit Judge.

Albert Brumley, author of the gospel song “I’ll Fly Away,” assigned the song’s copyright to his son Robert. That is something federal copyright law allows. During the term of a copyright, an author has relatively free rein: He may use it himself, he may assign or sell it to someone else, or he may license it to another. See 17 U.S.C. § 201(d).

Robert may have thought that he would retain control of the copyright as long as it (and he) existed. Federal copyright law says otherwise. One of “the more unusual provisions in the Copyright Act,” 3 Patry on Copyright §…