Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/7

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No. 10-5363

Roger Miller Music, Inc. et al. v.
Sony/ATV Publishing LLC

Page 7

Neither Fred Fisher Music nor Miller Music identified the point at which a prerenewal-term assignment of a renewal copyright is no longer contingent and is therefore guaranteed to vest in the assignee. The Court did not define “renewal period” or otherwise specify whether an assignment sheds its contingent status upon commencement of the renewal year, registration, or commencement of the renewal term. See Stewart, 495 U.S. at 220 n.2 (recognizing the open question). Because the author in Miller Music had died more than one year before the termination of the original term, and thus outside of any potential definition of renewal period, the need for further clarity did not arise. See Miller Music Corp. v. Charles N. Daniels, Inc., 158 F. Supp. 188, 190 (S.D.N.Y. 1957).

3. The Statutory Language Supports Sony

Despite its somewhat convoluted syntax, the statutory language enacted in 1992 provides an answer. An author is “entitled under paragraph (1)(C) to the renewal and extension of the copyright,” 17 U.S.C. § 304(a)(2)(B)(i), if he is still living, see id. § 304(a)(1)(C)(i). The renewal copyright vests in any party entitled to it “at the time the application is made.” Id. § 304(a)(2)(B)(i). The author (and therefore any of his assignees) thus secures an interest in the renewal copyright so long as he is still living at the time of application for renewal with the Copyright Office. This interest is not lost even if the author subsequently dies prior to the commencement of the renewal term. The House Judiciary Committee Report for the 1992 Act confirms this reading, explaining that “[r]egistration during the final year would assure the author or other claimant that his or her right to the renewal term vested on registration, even if he or she died later that year.” H. Rep. 102-379(I), at 13.^[1]

↑ The Committee's reference to the right “vesting” at the time of registration is not necessarily inconsistent with the Act's statement that the renewal copyright “shall vest, upon the beginning of such further term,” 17 U.S.C. § 304(a)(2)(B)(i). The word “vest” can refer to several different concepts: an individual's interest may vest at the time he gains an indefeasible right to something or at the time he is actually eligible to receive it. Professor Goldstein recognizes the operation of these varying meanings in the renewal copyright context. See 1 Goldstein on Copyright § 6.3.1.2, at 6:24 n.22 (3d ed. 2010) (explaining that, if an assignee or other claimant registers the renewal copyright during the renewal year, “the right to the renewal vests indefeasibly, in interest, if not in possession, at the time the application is made”).

[1] The Committee's reference to the right “vesting” at the time of registration is not necessarily inconsistent with the Act's statement that the renewal copyright “shall vest, upon the beginning of such further term,” 17 U.S.C. § 304(a)(2)(B)(i). The word “vest” can refer to several different concepts: an individual's interest may vest at the time he gains an indefeasible right to something or at the time he is actually eligible to receive it. Professor Goldstein recognizes the operation of these varying meanings in the renewal copyright context. See 1 Goldstein on Copyright § 6.3.1.2, at 6:24 n.22 (3d ed. 2010) (explaining that, if an assignee or other claimant registers the renewal copyright during the renewal year, “the right to the renewal vests indefeasibly, in interest, if not in possession, at the time the application is made”).

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