Page:Roger Miller Music v. Sony-ATV Publishing (2012).djvu/10

No.&#160;10-5363 relatives” and thus rejecting Sony's argument as an attempt “to amend Section 304(a)(1)(C) to include an author's assignees,” the district court made a similar error. RMMI III, 2010 WL 1026980, at *2.

Nor does the statute support RMMI's contention that the statutory successors hold concurrent contingent interests along with the author's assignees from the time of application until the commencement of the renewal term and thereupon receive sole ownership of the copyright if the author has died in the interim. The statement in Broadcast Music that “renewal copyright interests can be held simultaneously by numerous parties” was made in the context of a dispute between an author's widow and child, both of whom occupy the same tier in the statutory successor hierarchy. 396 F.3d at 768. By contrast, a living author is the sole member of the top tier in that hierarchy. A spouse is not “entitled under paragraph (1)(C),” 17 U.S.C. § 304(a)(2)(B)(i), if the author is still living, and thus does not share the renewal interest with him.

Because Roger Miller was “entitled under paragraph (1)(C) to the renewal and extension of the copyright at the time the application [wa]s made,” 17 U.S.C. § 304(a)(2)(B)(i), the renewal interest vested in him at the commencement of the renewal period. And because he had previously made an otherwise valid assignment of the renewal interest to Sony, the copyright thus vested in Sony.

'''III. CONCLUSION'''

Because Sony owns the renewal copyrights to the 1964 songs as the assignee of an author who was living at the time of the application for renewal registration, we REVERSE the judgment of the district court holding Sony liable for copyright infringement and awarding damages to RMMI. We REMAND for entry of judgment in favor of Sony.