Jerry Vogel Music Co., Inc. v. Edward B. Marks Music Corporation

FRIENDLY, Circuit Judge;

Nearly fifty years ago Overstreet composed the music, Henderson made an arrangement, and Higgins wrote the words for a song which was published and duly copyrighted in 1923. Higgins married Ida Stern on November 24,1924, and died on April 19, 1937. In the late 1940’s Mrs. Higgins, Henderson and Overstreet’s next of kin assigned their interests in the renewal rights to the defendant, which received a renewal certificate on October 12, 1950.

The problem arises from the fact that on December 6, 1931, Higgins had an illegitimate daughter, Mary Ann Booker, who survived him.…