The Briefing: Vetter v. Resnik: When Copyright Termination Goes Global

"Whether termination under 17 U.S.C. § 304(c) can recapture foreign exploitation rights and why the Fifth Circuit parted ways with California cases like Siegel v. Warner Bros., distinguishing between ownership disputes and extraterritorial infringement claims in the context of worldwide copyright grants."

"If termination can unwind a worldwide grant, the leverage shift for authors and heirs could be significant, impacting how publishers, studios, catalog buyers, and global licensing strategies operate in the entertainment industry."

The Fifth Circuit's decision in Vetter v. Resnik addresses whether artists can terminate copyright grants to recapture foreign exploitation rights under 17 U.S.C. § 304(c). The court ruled that termination rights do not extend to foreign territories, distinguishing this case from California precedents like Siegel v. Warner Bros. The ruling clarifies that termination addresses ownership disputes within U.S. jurisdiction rather than extraterritorial infringement claims. This decision significantly impacts publishers, studios, catalog buyers, and global licensing strategies by limiting authors' and heirs' leverage to reclaim worldwide rights through termination provisions, potentially reshaping how entertainment industry participants structure long-standing international agreements.

Read at The IP Law Blog