Miller Music Corp. v. Charles N. Daniels, Inc.

Petitioner, a music publisher, sued respondent, another music publisher, for infringement of petitioner’s rights through one Ben Black, as coauthor, in the renewal copyright of the song “Moonlight and Roses.” Respondent’s motion for summary judgment was granted, 158 F. Supp. 188, and the Court of Appeals affirmed by a divided vote. 265 F. 2d 925. The case is here on a petition for a writ of certiorari which we granted. 361 U. S. 809. .

The facts are stipulated. Ben Black and Charles Daniels composed the song and assigned it to Villa Moret, Inc., which secured the original copyright. Prior to…