The United States Supreme Court left a ruling recognizing worldwide copyright ownership for Cyril Vetter and his company intact on October 19, 2026, preserving a challenge to publishers’ control of foreign rights.
The order followed a lack of sufficient justices to hear the case. It preserved Vetter’s victory without settling whether American copyright termination rights can recover foreign interests nationwide.
The song and the original agreement
Vetter and Donald Smith wrote “Double Shot (Of My Baby’s Love)” in 1962. The song later became a hit for the Swingin’ Medallions.
In 1963, the writers assigned their copyright interests, including worldwide rights, to a publisher for one dollar.
Decades later, Vetter used a provision of American copyright law that allows qualifying creators to terminate certain earlier transfers and regain ownership.
Congress established termination rights to give qualifying creators another opportunity to benefit from works whose eventual commercial value was uncertain when they signed their original agreements.
Appeals court recognizes worldwide interests
On January 12, 2026, the Fifth Circuit Court of Appeals ruled that terminating Vetter’s original assignment could restore the worldwide copyright interests covered by that agreement.
The decision challenged the longstanding industry interpretation that termination generally returns American rights while allowing publishers to retain control abroad.
A separate part of the case concerned Smith’s copyright renewal rights. He died before those rights vested, and his heirs subsequently acquired them. Vetter’s company later bought their interests.
The Fifth Circuit also upheld worldwide ownership of those interests, leaving Vetter and his company recognized as owners of the relevant worldwide copyright interests in the song.
Major music companies sought Supreme Court review, arguing that the ruling conflicted with longstanding copyright interpretations and threatened the reliability of international licensing agreements. They included:
- BMG
- Universal Music Group
- Sony Music
- Warner Music Group
What the Supreme Court order means
Four of the nine justices did not participate, leaving the Court short of the six justices needed for a quorum.
Under a rarely used federal statute, the remaining justices affirmed the lower court’s judgment because the case could not be heard and decided during the next Supreme Court term.
The order did not endorse the Fifth Circuit’s reasoning or establish a nationwide right for songwriters to reclaim previously assigned foreign copyrights.
The Fifth Circuit’s ruling remains binding within its jurisdiction. Other federal appeals courts, including those covering New York and California, are not required to adopt its interpretation.
A conflicting ruling from another appeals court could eventually return the issue to the Supreme Court for a decision on the merits.
