Summary

De Sylva v. Ballentine — Opinion of the Court

This is especially true where a statute deals with a familial relationship; there is no federal law of domestic relations, which is primarily a matter of state concern.
If we look at the other persons who, under this section of the Copyright Act, are entitled to renew the copyright after the author's death, it is apparent that this is the general scheme of the statute. To decide who is the widow or widower of a deceased author, or who are his executors or next of kin, requires a reference to the law of the State which created those legal relationships.
Source: Wikisource

De Sylva v. Ballentine — Opinion of the Court

If the word 'or' which follows 'widower' is to be read in its normal disjunctive sense, this is not an unreasonable interpretation of the statute, which might then well be read to mean that 'children' are to renew only if there is no 'widow' or 'widower.' The statute is hardly unambiguous, however, and presents problems of interpretation not solved by literal application of words as they are 'normally' used.
Source: Wikisource

De Sylva v. Ballentine — Opinion of the Court

It is a statute that confers recovery upon dependents, not for the benefit of an estate, but for those who by our standards are legally or morally entitled to support. Humane considerations and the realization that children are such no matter what their origin alone might compel us to the construction that, under present day conditions, our social attitude warrants a construction different from that of the early English view. The purpose and object of the statute is to continue the support of dependents after a casualty.
Source: Wikisource

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