U.S. Supreme Court Affirms Fifth Circuit: Copyright Termination Can Reach Foreign Rights, but Creates No Nationwide Precedent
On 2026, 10, 19, the U.S. Supreme Court in BMG Rights Management v. Vetter (No. 25-1391) affirmed the judgment of the Fifth Circuit Court of Appeals, which held that an author's termination under Section 304(c) of the Copyright Act of a worldwide assignment made before 1978 can recapture the rights to the work abroad. This affirmance, however, is not a ruling on the merits: four Justices did not participate in the consideration, and the remaining five did not constitute a quorum, so the Supreme Court acted under 28 U.S.C. § 2109, with the effect of an "equally divided affirmance," carrying no precedential effect and binding only in the three states of Louisiana, Mississippi, and Texas.
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