Roger Miller Music, Inc. v. Sony/atv Publishing, LLC
672 F.3d 434
| 6th Cir. | 2012Background
- Roger Miller assigned original and renewal copyrights to Tree Publishing (Sony predecessor) in the 1960s; renewal term began Jan 1, 1993 for 1964 songs.
- Sony applied to register renewal copyrights in 1992; Miller died Oct 25, 1992.
- Miller’s wife Mary Miller assigned interests to Roger Miller Music, Inc. (RMMI).
- In 2004, RMMI sued Sony for infringement and sought ownership declaration of renewal copyrights for 1958–1964 songs.
- District court granted judgment for Sony on ownership of 1958–1963 copyrights and found an implied license for 1964 songs; later proceedings involved remand and a damages award to RMMI; on appeal, the court reversed the district court’s liability/ownership posture and remanded for entry of judgment in Sony’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who owns the renewal copyrights for the 1964 songs | Miller died before renewal term; assignee cannot own renewal | Owner is determined by application timing; assignee can own if living at application | Sony owns renewal copyrights as assignee of living author at application |
| Effect of death prior to renewal term on assignment | Ownership should vest in statutory successors | Assignment can vest if author alive at application | Assignment valid; ownership vests upon renewal term start but to the living author/assignee at application |
| Effect of registration timing on entitlement | Renewal vesting tied to author’s survival at renewal start | Entitlement determined at time of application for renewal | Entitlement determined at the time of application; living author at filing status governs assignee ownership |
| Validity of the district court’s license ruling | Sony had no infringement liability due to license status | License issue precluded liability | Not necessary to decide further; ownership determination controls liability; reversed accordingly |
Key Cases Cited
- Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643 (U.S. 1943) (pre-renewal and assignment principles in renewal context)
- Miller Music Corp. v. Charles N. Daniels, Inc., 362 U.S. 373 (U.S. 1960) (contingent nature of renewal rights and assignment rights)
- Broadcast Music, Inc. v. Roger Miller Music, Inc., 396 F.3d 762 (6th Cir. 2005) ( dicta on renewal interests can be held by multiple parties; context differed)
- Dimensional Music Publ’g, LLC v. Kersey, 435 F. Supp. 2d 452 (E.D. Pa. 2006) (interpretation under 1992 Act; assignee treated favorably)
- Stewart v. Abend, 495 U.S. 207 (U.S. 1990) (policy of protecting authors and successors in renewal")