United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: Brief by Music Artists Coalition, Black Music Action Coalition, Artists Rights Alliance, Songwriters Of North America, and Screen Actors Guild-American Federation Of Television And Radio Artists

In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).

Cyril’s attorney Tim Kappel explains the case if you need an explainer:

An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by Music Artists Coalition, Black Music Action Coalition, Artists Rights Alliance, Songwriters Of North America, And Screen Actors Guild-American Federation Of Television And Radio Artists–that’s right, the SAG-AFTRA union is with us.

We believe the answer must be yes. Congress gave creators and their heirs the right a “second bite at the apple” to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.

That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said, Congress did not give authors a second bite at half the apple.

Read the latest amicus brief below, watch this space for more.

United for Artists’ Rights: Amicus Briefs Filed in Vetter v. Resnik Support Global Copyright Termination for Songwriters and Authors: The Authors Guild, Inc., Dramatists Legal Defense Fund, Inc., Novelists, Inc., Romance Writers Of America, Inc., Society Of Composers & Lyricists, Inc. and Songwriters Guild Of America, Inc.

In Vetter v. Resnik, songwriter Cyril Vetter won his trial case in Baton Rouge allowing him to recover worldwide rights in his song “Double Shot of My Baby’s Love” after serving his 35 year termination notice on his former publisher, Resnik Music Group. The publisher appealed. The Fifth Circuit Court of Appeals will hear the case and currently is weighing whether U.S. copyright termination rights include “foreign” territories—a question that strikes at the heart of artists’ ability to reclaim their work worldwide (whatever “foreign” means).

Cyril’s attorney Tim Kappel explains the case if you need an explainer:

An astonishing number of friend of the court briefs were filed by many songwriter groups. We’re going to post them all and today’s brief is by The Authors Guild, Inc., Dramatists Legal Defense Fund, Inc., Novelists, Inc., Romance Writers Of America, Inc., Society Of Composers & Lyricists, Inc. and Songwriters Guild Of America, Inc.

We believe the answer must be yes. Congress gave creators and their heirs the right to regain control of their work after decades, and that promise means little if global rights are excluded. The outcome of this case could either reaffirm that promise—or open the door for multinational publishers to sidestep it entirely.

That’s why we’re sharing friend of the court briefs from across the creative communities. Each one brings a different perspective—but all defend the principle that artists deserve a real, global right to take back what’s theirs, because as Chris said Congress did not give authors a second bite at half the apple.

Read the latest amicus brief below.

Creators Rally Behind Cyril Vetter’s Termination Rights Case in the Fifth Circuit

by Chris Castle

Songwriter and publisher Cyril Vetter is at the center of a high-stakes copyright case over his song “Double Shot of My Baby’s Love” with massive implications for authors’ termination rights under U.S. law. His challenge to Resnik Music Group has reached the Fifth Circuit Court of Appeals, and creators across the country are showing up in force—with a wave of amicus briefs filed in support including Artist Rights Institute.  Let’s consider the case on appeal.

At the heart of Vetter’s case is a crucial question: When a U.S. author signs a U.S. contract governed by U.S. law and then later the author (or the author’s heirs) invokes their 35-year termination right under Sections 203 and 304 of the U.S. Copyright Act, does that termination recover only U.S. rights (the conventional wisdom)—or the entire copyright, including worldwide rights?  Vetter argued for the worldwide rights at trial.  And the trial judge agreed over strenuous objections by the music publisher opposing Cyril.

Judge Shelly Dick of the U.S. District Court for the Middle District of Louisiana agreed. Her ruling made clear that a grant of worldwide rights under a U.S. contract is subject to U.S. termination. To hold otherwise would defeat the statute’s purpose which seems obvious.

I’ve known Vetter’s counsel Tim Kappel since he was a law student and have followed this case closely. Tim built a strong record in the District Court and secured a win against tough odds. MTP readers may recall our interviews with him about the case, which attracted considerable attention. Tim’s work with Cyril has energized a creator community long skeptical of the industry’s ‘U.S. rights only’ narrative—a narrative more tradition than law, an artifact of smoke filled rooms and backroom lawyers.

The Artist Rights Institute (David Lowery, Nikki Rowling, and Chris Castle), along with allies including Abby North (daughter-in-law of the late film composer Alex North), Blake Morgan (#IRespectMusic), and Angela Rose White (daughter of the late television composer and music director David Rose), filed a brief supporting Vetter. The message is simple: Congress did not grant a second bite at half the apple. Termination rights are meant to restore the full copyright—not just fragments.

As we explained in our brief, Vetter’s original grant of rights was typical: worldwide and perpetual, sometimes described as ‘throughout the universe.’ The idea that termination lets an author reclaim only U.S. rights—leaving the rest with the publisher—is both absurd and dangerous.

This case is a wake-up call. Artists shouldn’t belong to the  ‘torturable class’—doomed to accept one-sided deals as normal. Termination was Congress’s way of correcting those imbalances. Terminations are designed by Congress to give a second bite at the whole apple, not the half.

Stay tuned—we’ll spotlight more briefs soon. Until then, here’s ours for your review.