Major Labels Take Over Vetter v. Resnik Case, Prep Appeal

The Supreme Court courtroom. Photo Credit: Phil Roeder

Looks like it’s time to kick the Vetter v. Resnik copyright termination battle up a notch. Now, the major labels have taken a stake in the relevant work, moved to step in as defendants, and disclosed plans to seek a higher-court appeal.

The noteworthy developments just recently emerged in a pair of fresh filings, two months and change after the Fifth Circuit Court of Appeals ruled against Resnik Music Group.

As we reported then – albeit in greater detail – the landmark decision confirmed that U.S. copyright recaptures apply worldwide. (There are a number of components to said recaptures. The top-level version: the Copyright Act enables professionals to terminate copyright transfers finalized under non-work-for-hire agreements at least 35 years ago but in or after 1978.)

Besides being a big win for songwriter Cyril Vetter, who sued Resnik in 2023 after the company claimed that his termination was only valid in the States, the ruling set the stage for additional international recaptures yet.

Organizations including but not limited to the Songwriters Guild of America applauded the precedent – while the majors (plus BMG) were evidently far from thrilled with the outcome. Enter their formal motion to substitute for Resnik and spearhead a cert petition.

(Here, “majors” refers specifically to their publishing units, including, for Sony Music, the relatively little-discussed Essential Music Publishing.)

The publishers “acquired Resnik’s claim to 25% ownership of the copyright at issue in this case…for purposes of filing a petition for a writ of certiorari in this matter,” they spelled out in the motion.

According to the same document, counsel for Team Vetter took “no position on the requested substitution.”

“Movants further respectfully request a ruling on this motion by March 31, 2026 to facilitate a timely motion to extend the deadline to file a petition for a writ of certiorari,” the publishers continued.

With that, we should know sooner rather than later whether the substitution is approved and a fresh appeal is set in motion.

As the courtroom confrontation has already spanned multiple years – and received a Fifth Circuit decision in January – the newer appeal push will presumably attempt to bring the suit before the Supreme Court.

To state the obvious, this process wouldn’t occur overnight, and the justices may not agree to hear the case. But in the bigger picture, days removed from a significant ruling for the music world, another multifaceted legal battle could be on its way to the nation’s highest court.