Major Labels Asked the Supreme Court to Limit Your Termination Rights. Here Is What That Means.
A Fifth Circuit ruling from January 2026 said US copyright termination rights let songwriters reclaim global copyrights, not just US rights. Major labels and BMG filed a Supreme Court petition on June 18 asking it to be overturned.
Short answer
In January 2026, the US Court of Appeals for the Fifth Circuit ruled that when songwriters exercise their copyright termination rights under the 1976 Copyright Act, they recapture their copyrights worldwide, not just in the United States. That ruling came out of Cyril Vetter's case to reclaim a 1963 rock song. On June 18, 2026, major labels and BMG petitioned the US Supreme Court to overturn it, arguing that US law can only terminate US rights, while foreign rights are governed by local law in each country. If the Supreme Court agrees to hear the case and overturns the Fifth Circuit, songwriters who exercise termination would reclaim only their US rights. If the court declines or upholds the ruling, global termination stands. Independent songwriters with publishing deals from 35 or more years ago are most directly affected.
Key takeaways
- In January 2026, the US Court of Appeals for the Fifth Circuit ruled that when songwriters exercise their copyright termination rights under the 1976 Copyright Act, they reclaim global copyrights, not just US rights.
- On June 18, 2026, major labels and BMG petitioned the US Supreme Court to overturn that ruling. They argue US law can only terminate US copyrights; foreign rights must be handled under each country's own laws.
- If the Supreme Court overturns the Fifth Circuit, songwriters who exercise termination get back only their US rights. If the court upholds or declines to hear it, global termination stands.
- Termination rights apply after 35 years from the date of a copyright transfer (for works created after 1978). If your publishing deal is 35 or more years old, you may be in or approaching the window.
What termination rights are
The 1976 US Copyright Act includes a provision that lets creators reclaim copyrights they transferred by contract after a set period of time. For works created after January 1, 1978, the window opens 35 years after the transfer date. For older works published with a copyright notice, the window can open after 56 years. A creator exercises the right by filing a termination notice 2 to 10 years in advance of when they want the termination to take effect.
Congress designed this as a way to protect creators who signed deals early in their careers, when bargaining power was low, from being permanently locked out of their own work. The right cannot be waived in advance by contract.
Years after transfer before a post-1978 copyright can be terminated
Advance notice required before the termination date
Year mark for pre-1978 works published with a copyright notice
Ways to waive the termination right in your original contract. Congress made it non-waivable.
What the Fifth Circuit ruled, and what the labels want
The Fifth Circuit case came from songwriter Cyril Vetter, who co-wrote “Double Shot (Of My Baby’s Love)” in 1962 and transferred it to a publisher in 1963. Vetter tried to reclaim the copyright under the termination provision. The Fifth Circuit ruled in January 2026 that termination returns all worldwide rights, not just rights in the United States.
On June 18, 2026, major labels and BMG filed a petition asking the Supreme Court to take the case and overturn the Fifth Circuit. Their argument: US law can only terminate rights US courts have jurisdiction over. Foreign rights are governed by local copyright law in each country, and a US termination cannot reach them. The music companies say the Fifth Circuit ruling creates “chaos” because it would unsettle international licensing arrangements built over decades.
| Fifth Circuit ruling (songwriters' position) | Labels' petition to SCOTUS | |
|---|---|---|
| Scope of termination | Returns all global copyrights. The creator reclaims the work worldwide. | Returns only US rights. Each country's rights are governed by that country's law. |
| Effect on foreign licenses | Publisher's foreign sub-licenses fall with the termination of the original grant | Publisher keeps the foreign rights. Artist must negotiate separately in each country. |
| Who benefits | Songwriters who want to control their catalog globally, not just in the US | Publishers and labels who hold international sub-licensing arrangements |
Why independent songwriters should care
If you signed a publishing deal more than 35 years ago and your copyrights have never been reclaimed, you may be in the termination window now. If you are an independent songwriter who signed deals in the late 1980s or early 1990s, the arithmetic is simple.
The difference between the two possible Supreme Court outcomes is significant. Under the Fifth Circuit ruling, terminating a US copyright grant is a clean, global recapture. Under the labels’ position, you would get back US rights and then face the prospect of separate legal action in every country where your music is licensed, under each country’s laws, without any guaranteed outcome. For a catalog with real international use, that is a major practical difference.
The major companies argue the ruling will have implications for international licensing arrangements built on the assumption that US termination rights only cover the United States.
What to do now
If you may be in the termination window
File your termination notice. The termination right exists regardless of what the Supreme Court decides about global scope. Filing now locks in your position for the US rights, which are the most significant. The window is strict: if you miss it, the right expires for that grant. A music rights attorney can calculate your specific termination dates from the original transfer date and help you file correctly.
The case is not decided
The Supreme Court has not agreed to hear the case yet. It will decide whether to grant certiorari after briefing concludes. If it declines, the Fifth Circuit ruling stands. If it takes the case, a decision could be a year or more away. Do not make business decisions based on either outcome as if it were already law.
What is still unclear?
Open questions
The Supreme Court may decline to hear the petition, which would leave the Fifth Circuit ruling in place without a national standard set by the highest court. Other circuit courts have not directly addressed the same question, which means there may be conflicting outcomes in different jurisdictions before any final resolution. Even if the Fifth Circuit ruling stands, enforcing a global termination in specific foreign countries may still require separate legal steps under local law. This is an area where a music rights attorney familiar with international copyright is the right resource, not a general read of the news.
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