Leading Creator Organizations Unite to File Amicus Brief in Landmark Copyright Case Affirming Songwriter Rights Worldwide
The brief argues that limiting creators' termination rights to the domestic market undermines the law's original intent to protect them from bad deals.
A coalition of music creator advocacy organizations has filed an amicus brief in Vetter v. Resnik, a copyright case currently before the Fifth Circuit Court of Appeals. The brief urges the Court to affirm that U.S. copyright termination rights apply worldwide – an interpretation that would significantly expand protections for songwriters and music creators in the global marketplace.
The brief was filed by Music Artists Coalition (MAC), a non-profit dedicated to advocating for the rights of music creators, in collaboration with the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA), Black Music Action Coalition (BMAC), Artist Rights Alliance (ARA), and Songwriters of North America (SONA). The law firm of Meitus Strohm LLP served as legal counsel for the amici led by Megan Wheeler. The full amicus brief can be read here.
This case places a central question before the court that could shape the multi-billion dollar global music industry: when songwriters use the Copyright Act’s vital termination rights to recapture their work, does that termination extend worldwide or is it limited to domestic markets?
At issue is a 1963 agreement in which songwriter Cyril Vetter assigned worldwide rights to his song for minimal compensation. Decades later, Vetter invoked his statutory right to terminate the agreement and reclaim his work. The opposing party claims this action pertains only to the U.S. market. The district court correctly affirmed that Vetter’s termination recaptured worldwide rights, a ruling the amici urges the Fifth Circuit to uphold.
“This case could set a crucial precedent for creators in today’s global marketplace,” said Susan Genco, MAC board member. “MAC exists to ensure songwriters have a voice and are represented in a case like this. When artists sign away worldwide rights early in their careers for little money, meaningful termination should let them recapture worldwide rights, not just domestic.”
Copyright termination rights allow creators to reclaim rights to their works 35 years after signing them away. This provision recognizes that young artists often lack bargaining power and can’t foresee the future value of their creative output. Congress established these rights with a clear intent: to shield creators from early, unremunerative deals and give them a “second chance to control and benefit from his work.”
The coalition’s brief argues that restricting termination rights to domestic ownership would fundamentally undermine the protections Congress intended for creators. In the current streaming economy, a song can achieve immediate global reach, generating revenue across international territories simultaneously. Yet, without worldwide termination, creators remain bound by agreements made when they lacked leverage and before their works’ global value could be understood, leaving them at a perpetual disadvantage.
Major music industry trade organizations have filed in opposition to the creator-friendly district court ruling. They contend that expanding artists’ termination rights would “unsettle bedrock understanding” within the industry and jeopardize thousands of existing industry agreements. The creator organizations counter that these industry “settled norms and expectations” are exactly what Congress intended the termination right to disrupt.
“When industry heavyweights line up to defend the status quo and fight against expanded songwriter protections, artists need an advocate,” said Ron Gubitz, MAC Executive Director. “That’s precisely why MAC exists – to champion the rights of music creators. This case could impact so many songwriters who have signed away rights before understanding their works’ true value. I’m grateful to our partners SAG-AFTRA, ARA, BMAC, and SONA to stand together with us in this filing.”
The coalition of creator organizations remains steadfast in their commitment to protect the artists that fuel the industry and stand on the right side of history, no matter the outcome.
What They are Saying
“For far too long, Black creators—and especially songwriters—have been disproportionately affected by inequitable contracts that strip away their rights and long-term value. This case is about justice and economic empowerment. BMAC stands with our fellow creator organizations to ensure that termination rights apply globally, giving artists the opportunity to reclaim what is rightfully theirs no matter where their music is heard or monetized.”
Willie “Prophet” Stiggers, Black Music Action Coalition
“This case reaffirms the importance of standing up for songwriters and protecting our ability to reclaim ownership of our work, which is clearly delineated in U.S. law. It underscores the importance of allowing those protections to extend internationally in an increasingly global music economy. Songwriters of North America proudly stands united with our creator coalition partners in this filing.”
— Erin McAnally, Songwriters of North America
“The Artist Rights Alliance is proud to join this coalition of creator advocates in supporting the full scope of termination rights granted to musicians and songwriters by Congress. U.S. copyright law must reflect the realities of today’s global music economy, ensuring that artists have the power to reclaim their rights worldwide in a marketplace where their work has instant global reach. Limiting termination rights to the U.S. alone defies both the letter and spirit of the Copyright Act, denying creators the fair treatment and second chance promised to them under the law.”
– Jen Jacobsen, Artist Rights Alliance
“Music is global, and the rights afforded to songwriters and recording artists by U.S. copyright are recognized around the globe thanks to the Berne Convention. The district court’s novel theory of recovery in this case is spot on, and it must be affirmed so songwriters and artists may continue to reap the benefits of their work in a digital, global marketplace. We are once again proud to stand with MAC, BMAC, ARA and SONA to advocate for fair treatment of songwriters and artists.”
– Jeffrey Bennett, SAG-AFTRA
“It was an honor to work with the amici on this brief. Many of our firm’s artist clients are impacted by the policies surrounding the termination right and we often hear about its significance to their livelihood and legacy. We are proud to stand with the amici in their advocacy for these creative individuals.”
– Megan Wheeler, Meitus Strohm LLP
The full amicus brief can be read here.
About the Groups
Music Artists Coalition: MAC exists to champion the rights, compensation, and well-being of the people who create music. Both music industry executives and music creators founded MAC to ensure that musicians have a seat at the table, driving the strategy and conversation about the legal issues that shape their lives and livelihoods. MAC’s membership includes recording artists, songwriters, and music creators whose work has shaped musical history and drives the music business today. www.musicartistscoalition.com
Artist Rights Alliance: ARA is an artist-run non-profit that fights for the rights of musicians, songwriters, and performers to be treated and paid fairly in the music marketplace. ARA aims to empower working musicians to advocate for their own interests and ensure that artists are at the table when decisions are made on policies that impact their lives and their livelihood. Our Artists’ Bill of Rights outlines fundamental principles for a healthy and equitable creative economy, chief among them being the musician’s right to control their work. www.artistrightsalliance.org
Black Music Action Coalition: BMAC is a nonprofit organization composed of musicians, industry professionals, and allies committed to advancing equity and justice in the music industry through core initiatives focused on accountability, opportunity, and advocacy. BMAC strives to ensure that music creators have the power and the platform to defend their creative rights in both institutional and legislative landscapes rooting the organization’s work in the belief that creative freedom and fair treatment are essential to a just music economy. www.bmacoalition.org
Songwriters of North America: SONA is a membership-based advocacy organization formed by and for professional songwriters in 2015. SONA advocates on behalf of songwriters’ interests before legislative bodies, administrative agencies, and the courts. SONA is an open and diverse community that unites enthusiastic music creators and thoughtful business leaders to create a unified voice to protect artistic expression, compensation, and the rights of songwriters in North America. SONA advocates for and firmly believes in the copyright termination process, which has empowered many songwriters to reclaim and benefit from the copyrighted works they create. www.wearesona.com
Screen Actors Guild: American Federation of Television and Radio Artists: SAG-AFTRA represents approximately 160,000 actors, announcers, broadcast journalists, dancers, DJs, news writers, news editors, program hosts, puppeteers, recording artists, singers, stunt performers, voiceover artists, influencers and other entertainment and media professionals. SAG-AFTRA members are the people who entertain and inform America and the world. A proud affiliate of the AFL-CIO, SAG-AFTRA has national offices in Los Angeles and New York and local offices nationwide representing members working together to secure the strongest protections for entertainment and media artists in the 21st century and beyond. www.sagaftra.org
Meitus Strohm LLP: Our attorneys have extensive experience advising and representing clients with needs in the areas of copyrights, trademarks, right of publicity, music, film, media, and other related areas of law and business. Our firm serves a wide range of individuals, businesses, and organizations located throughout the world, including: recording artists, songwriters, producers, film composers, authors, and other creative artists; music publishers, record labels, and management companies; corporate clients ranging from start-up companies to international conglomerates; and various colleges and universities. www.meitusstrohm.com
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