Musicbusinessworldwide.com
Universal Music Publishing, Sony Music Publishing, Warner Chappell Music and BMG have petitioned the U.S. Supreme Court to review a recent appellate court decision that could significantly reshape music publishing rights and songwriter ownership.
The filing challenges a January ruling from the U.S. Court of Appeals for the Fifth Circuit, which found that songwriters exercising copyright termination rights under U.S. law may be able to reclaim worldwide publishing interests, not just rights within the United States.
The decision has sparked concern across the music publishing sector, where the long-held interpretation has been that copyright termination provisions apply only to U.S. rights, leaving international rights governed by separate agreements and local copyright laws.
At the center of the dispute is “Double Shot (Of My Baby’s Love),” a 1960s hit co-written by songwriter Cyril Vetter. After seeking to reclaim rights to the composition decades after its original transfer, Vetter successfully argued that the termination provisions of the Copyright Act extended beyond the U.S. market.
The Fifth Circuit agreed, creating a precedent that publishers warn could have far-reaching consequences.
In their Supreme Court petition, the publishers argue that the ruling overturns decades of accepted industry practice and introduces uncertainty into countless music rights agreements. According to the filing, the decision could affect contracts and catalog acquisitions worth billions of dollars, potentially disrupting how publishing rights are valued, negotiated and transferred around the world.
The companies contend that Congress never intended termination rights to reach foreign copyrights and point to language within the Copyright Act that they believe supports a more limited interpretation.
Their legal team argues that extending termination rights internationally creates conflicts with copyright systems in other countries and undermines the stability of longstanding publishing arrangements.
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