Supreme Court of the United States
De Sylva v. Ballentine
June 11, 1956351 U.S. 570
Summary
The Court affirmed the Ninth Circuit, holding that under 17 U.S.C. § 24 the widow and the children of a deceased author succeed to the renewal copyright as a single class, and that an illegitimate child qualifies as a "child" within the statute. The decision relied on statutory construction and state law definitions of children. Justice Douglas, joined by Justice Black, concurred, arguing that illegitimate children should be treated as "children" regardless of state law. The concurrence is noted in the summary.
Holding
- Whether the widow and the children of a deceased author take the renewal right as a class. The widow and the children succeed to the renewal right as a single class, each entitled to share in the renewal term.
- Whether an illegitimate child is included within the term "children" under § 24. An illegitimate child, if acknowledged under California Probate Code § 255, is included within the term "children" for purposes of the renewal right.
Docket 529
Cited authorities
- 1 Stat. 124
- 4 Stat. 436
- 16 Stat. 212
- 26 Stat. 1107
- 35 Stat. 1080
- 17 U.S.C. § 24
- 17 U.S.C. § 24
- 61 Stat. 652
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