Page:Rohauer v. Friedman.pdf/4

 policy of protecting the copyright interests of original authors and certain of their heirs. See 17 U.S.C. § 24; Edward B. Marks Music Corp. v. Charles K. Harris Music Pub. Co., 255 F.2d 518 (2nd Cir. 1958); and Rossiter v. Vogel, 134 F.2d 908 (2nd Cir. 1943). That policy and rule clearly have no application here, since none of the parties before the court are within the class of persons given special statutory consideration.

Thus the scope of factual examination made to determine the intent of the parties to this assignment is not as limited as defendant contends. The language of the agreement in general, as well as the circumstances surrounding its execution may also serve to indicate the intent of the parties. And where there is evidence which shows an intention to transfer the renewal rights, the fact that they were not expressly mentioned in the assignment of the original copyright will not preclude their passing with the copyright. Edward B. Marks Music Corp. v. Charles K. Harris Music Pub. Co., 255 F.2d 518 (2nd Cir. 1958).

We look first to the language of the assignment, which reads in part, that METRO has assigned to LOEW’S “all right, title and interest * * * in and to, any and all motion pictures * * * and all copyright[s] thereof * * *.” In our view, an intent to transfer both the copyright and the right to renew the copyright is well supported by the all inclusive language here quoted. We can find no evidence in the record which would tend to support a conclusion that Metro-Goldwyn Pictures Corp. intended to retain any right or interest in the copyright of “The Navigator” or any other motion picture covered by the assignment.

In addition we note that shortly after this transfer Metro-Goldwyn Pictures Corp. was dissolved and went out of existence. This course of action is, we think, inconsistent with an intention to retain the right to renew the copyright of “The Navigator”, a right not exercisable until fifteen years after the 1937 assignment. These factors, we hold, are sufficient to sustain the conclusion of the District Court that Loew’s Inc. did receive a valid right to renew the copyright by the 1937 assignment.

Defendant also attacks the validity of the Loew’s Inc. renewal of the copyright in 1952, on the ground that at the time of renewal it falsely claimed to be a proprietor of a work made for hire. Defendant has mistaken the requirements for renewal. The fact that the employer-employee relationship no longer exists at the time of renewal is immaterial. This is true because the author (employee) of a work made for hire obtains no interest in the copyrights or renewals relating to such work. All the rights pertaining to such work reside in the employer. 17 U.S.C. § 24; Shapiro, Bernstein & Co. v. Bryan, 123 F.2d 697 (2nd Cir. 1941); Tobani v. Carl Fischer, Inc., 98 F.2d 57 (2nd Cir. 1938), cert. denied, 305 U.S. 650, 59 S.Ct. 243, 83 L.Ed. 420 (1938); Von Tilzer v. Jerry Vogel Music Co., 53 F.Supp. 191 (S.D.N.Y. 1943), aff’d. Gumn v. Jerry Vogel Music Co., 158 F.2d 516 (2nd Cir. 1946). And since the author has no interest in either the work, its copyright, or the renewal thereof, his state of employment at the time of renewal has no effect on the employer’s rights to renew the copyright. We hold therefore, that the District Court properly held that Loew’s Inc. obtained a valid renewal of the copyright in 1952.

It is apparent from what we have already said that defendant’s contention that the film is in the public domain and therefore cannot be the subject of copyright is without merit. We conclude therefore, that the District Court was correct in upholding plaintiff’s chain of title to the copyright and its renewal. And since the defendant admitted having exhibited the film without plaintiff’s authorization, the District Court also correctly held that defendant had infringed plaintiff’s valid copyright interest in “The Navigator”.