De Sylva v. Ballentine

351 U.S. 570 (1956)

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Nature of the Case

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Facts

The present Copyright Act provides for a second 28-year copyright after the expiration of the original 28-year term, if an application for renewal is made within one year before the expiration of the original term. . . . the author of such work, if still living, or the widow, widower, or children of the author, if the author be not living, or if such author, widow, widower, or children be not living, then the author's executors, or in the absence of a will, his next of kin shall be entitled to a renewal and extension.... An author who secured original copyrights on numerous musical compositions died before the time to apply for renewals arose. He was survived by his widow (D) and one illegitimate child (P), who are both still living. P's mother, brought this action against the widow seeking a declaratory judgment that the child has an interest in the copyrights already renewed by the widow and those that will become renewable during her lifetime, and for an accounting of profits from such copyrights as have been already renewed. The Court, held that P was within the meaning of the term 'children' as used in the statute but that the renewal rights belonged exclusively to D. The Court of Appeals reversed, holding that on the author's death both widow and child shared in the renewal copyrights.