## Facts

- Broadcast Music, Inc. (BMI) licensed public performances of songs written by Roger Miller and held royalties subject to competing claims.
- Roger Miller died in 1992, survived by his widow, Mary Arnold Miller, and seven children, including Shannon Miller Turner.
- The songs’ renewal copyrights vested after Miller’s death under 17 U.S.C. § 304(a).
- Mary Arnold Miller and six of the seven children assigned their renewal interests to Roger Miller Music, Inc. (RMMI); Turner did not.
- BMI filed an interpleader action to resolve the conflicting royalty claims and avoid multiple liability.
- Turner claimed § 304(a) required equal shares among the widow and all children (1/8 each), giving her 12.5%.
- RMMI argued the widow held 50% and the remaining 50% was divided equally among the children (1/14 each), giving Turner about 7.14%.
- The district court granted summary judgment for Turner, adopting the equal-shares interpretation and awarding Turner a 1/8 share of royalties.
- RMMI appealed.

## Issues

1. Under 17 U.S.C. § 304(a), when renewal rights vest after an author’s death, must the renewal interest be divided equally among the surviving spouse and children, or does the spouse receive 50% with the remaining 50% divided equally among the children?
2. Whether summary judgment for Turner was proper given the correct interpretation of § 304(a).

## Decision

- The Sixth Circuit reversed the district court and remanded.
- The court held § 304(a) allocates renewal interests as 50% to the surviving spouse and 50% divided equally among surviving children.
- Because the district court applied an equal-shares rule, its summary judgment ruling was based on an incorrect interpretation of § 304(a).

## Legal Principles

- When § 304(a) identifies statutory renewal beneficiaries but does not specify their fractional shares, courts may interpret the provision in light of the Copyright Act’s overall structure and related provisions.
- Renewal-right allocation under § 304(a) should be construed consistently with the spouse/children allocation in the termination-of-transfer provisions (17 U.S.C. §§ 203, 304(c)): 50% to the surviving spouse and the remaining 50% shared equally among the children.
- An allocation rule that harmonizes related recapture mechanisms (renewal and termination) is favored over inferring equal shares solely from § 304(a)’s listing of beneficiaries.

## Conclusion

The Sixth Circuit held that renewal interests vesting under § 304(a) after an author’s death are split 50% to the surviving spouse and 50% divided equally among surviving children, reversing a district court ruling that treated the spouse and each child as equal co-owners.


Broadcast Music, Inc. v. Roger Miller Music, Inc., 396 F.3d 762 (6th Cir. 2005)