Fifth Circuit Hands Down Landmark Vetter v. Resnik Decision

The John Minor Wisdom U.S. Courthouse. Photo Credit: Bobak Ha’Eri

The Fifth Circuit Court of Appeals has handed down a landmark copyright ruling in Vetter v. Resnik, determining that U.S. copyright termination rights apply worldwide.

That significant appellate court decision, affirming a prior district court ruling in the recapture showdown, was filed yesterday. And as we’ve reported, the underlying legal battle kicked off in 2023, when veteran songwriter Cyril Vetter and his namesake company sued Resnik Music Group.

In short, the “Double Shot (Of My Baby’s Love)” co-writer Vetter had terminated and recaptured his assigned interest in the popular work. Additionally, the Louisiana Music Hall of Fame inductee purchased the renewal rights held by the estate of fellow “Double Shot” co-writer Don Smith.

Given the years-long legal battle, it won’t come as a surprise that there’s a lot more to the dispute, including rights purchases, a sought worldwide sync agreement, and ample communications between the litigants.

Keeping the focus on brass tacks, per the initial suit from Vetter, despite the recapture, Resnik refused “to relinquish claim to the Double Shot copyright outside of the United States” and purported “to retain the exclusive right to exploit the work in all foreign countries.”

“‘FYI, under the U.S. Copyright law, a termination of transfer notice only terminates a transfer for the United States,’” counsel for the defendant wrote in 2023. “‘All rights outside of the United States do not revert so Mr. Resnik/Windsong Music retain the copyright to ‘Double Shot’ outside of the United States for the life of copyright.’”

Naturally, the disagreement set the stage for a high-stakes complaint and then an answer to the all-important question at hand.

Said answer arrived at 2025’s beginning, when the district court granted Vetter’s summary judgment motion and determined the professional to be the “sole owner of all right, title, and interest throughout the world” for “Double Shot.”

And now, the Fifth Circuit, in affirming, has described the district court declaration as “supported by statutory text, context, and purpose.”

Resnik’s arguments centered in large part on the language and intent of the relevant Copyright Act section – though the appellate court soundly rejected his position.

“In other words, because termination affects rights that ‘arise under’ the U.S. Copyright Act, and because Vetter’s rights arose under the U.S. Copyright Act, the plain language of section 304(c)(6)(E) dictates that his termination would be effective as to all of his rights—including his copyright to the extent that it extends internationally,” Judge Carl E. Stewart wrote.

“There is no explicit geographical limitation in section 304(c)(6)(E) that restricts the exploitation of Vetter’s rights to uses within the United States. Therefore, based on the plain language of the statute, the district court’s holding is correct,” he continued.

Besides aligning with the Act’s straight language, the district court ruling “is also consistent with the purpose of the Copyright Act” – or, here, enabling professionals to regain previously assigned rights, Judge Stewart explained.

Resnik’s case law stance didn’t fare much better (“existing case law provides weak support for Resnik’s argument, and this court declines to follow it”), nor did his international-treaty position.

In a nutshell, as the “Double Shot” rights assigned in 1963 were global in nature, “these rights would continue to be recognized across the globe consistent with the principle of national treatment when Vetter recaptured them upon termination,” the appeals court summed up.

With that, against the backdrop of a steady stream of recaptures, the decision will prove meaningful throughout 2026 and beyond.

Already, Music Creators North America, the Songwriters Guild of America, and others are “ecstatic” about the development, SGA outside counsel and MCNA advisor Charles J. Sanders said in a statement provided to DMN.

“The members of the Music Creators North America (MCNA) coalition, led by songwriter/composers Rick Carnes of SGA, Ashley Irwin of SCL, Eddie Schwartz of MCNA and Canadian music creator Greg Johnston, are ecstatic over the decision by the Fifth Circuit Court of Appeals in the Vetter case that US termination rights applicable to copyright assignments are global in effect,” Sanders communicated.

“As creators have long maintained (some for over four decades), such provisions were never meant to be limited to the recapture of US rights only. The MCNA member groups congratulate attorney Tim Kappel of New Orleans and all who worked with him on this case for finally proving the point at the federal appellate level,” he continued.

“While the decision is still being reviewed by our groups, it appears to represent an enormous victory for the American and global creator community, and a crucial, judicial recognition of Congressional intent that the US Copyright Act is primarily a statute meant to protect the rights of creators first and foremost,” Sanders concluded.