DeSylva v. Ballentine

Supreme Court of the United States · 1956 · Federal Courts

Federal CourtsCopyrightStatutory Interpretationcopyright renewal17 U.S.C. § 24widow and childrenclass takersillegitimate child

Facts

A deceased author had secured original copyrights on numerous musical compositions but died before the time to apply for renewal arose. He was survived by his widow and one illegitimate child, both still living. The child's mother brought suit on the child's behalf, claiming the child shared in copyrights already renewed by the widow and in those to become renewable during the widow's lifetime. The record showed California was the only relevant state, and the District Court found the child came within California Probate Code § 255.

Issue

Under 17 U.S.C. § 24, do the widow and children of a deceased author take renewal rights as a class, or does the widow take first to the exclusion of children during her lifetime? If they take as a class, does the term 'children' include an illegitimate child who, under applicable state law, is an heir of the author?

Rule

Under 17 U.S.C. § 24, when an author dies before renewal, the widow or widower and the author's children succeed to the right of renewal as a class and each is entitled to share in the renewal term. The content of the federal term 'children' is determined by reference to applicable state law governing family status and descent, and for purposes of § 24 the controlling question is whether the child would be an heir of the author under that state law.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Evan Mercer, a novelist living in Portland, Oregon, obtained federal copyrights in several books and died before any renewal window opened. He was survived by his wife, Lena Mercer, and two undisputed children, Noah and Iris Mercer, all of whom were alive when the first renewal period began.

Who holds the renewal right when the first copyright becomes eligible for renewal?

Explanation. The majority held that under § 24, if the author is dead, the widow or widower and children take the renewal right as a class, not in order of enumeration. Thus the surviving spouse does not exclude the children during her lifetime.