Baldwin v. EMI Feist Catalog, Inc.

Fred Coots and Haven Gillespie (plaintiffs) wrote 'Santa Claus Is Comin' to Town' in the 1930s and sold the initial copyrights to EMI Feist Catalog (defendant) in 1934, later granting renewal rights in 1951. After the 1976 Copyright Act overhauled copyright terms, the authors executed a 1981 agreement transferring 'all rights and interests whatsoever' to EMI. Later term extensions pushed the renewal term toward 2029. The authors' heirs served a 2007 termination notice (never recorded) targeting December 15, 2016, and a recorded 2012 notice targeting December 15, 2021. EMI argued its present rights flowed from the non-terminable 1951 grant. The trial court agreed with EMI and granted it summary judgment; the plaintiffs appealed.

Whether the 1976 Copyright Act's termination provisions apply to rights granted originally or by a superseding agreement after January 1, 1978.