Vetter v. Resnick - Copyright Termination Rights and Territoriality

Detected April 1st, 2026

Summary

The Fifth Circuit ruled in Vetter v. Resnick that termination of a copyright assignment under U.S. law reclaims worldwide copyright rights, not merely U.S. rights. The case involves a 1962 song where original authors assigned copyright for $1 and later sought termination. Professors Ochoa and Mayzel discussed the ruling's implications for international copyright ownership, contrasting U.S. termination rights with Canada's automatic reversion system.

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What changed

In Vetter v. Resnick, the Fifth Circuit held that a termination of a copyright assignment under 17 U.S.C. § 304(c) operates to reclaim worldwide copyright rights, rather than being limited to U.S. territorial rights as traditionally understood under copyright's principle of territoriality. The case involved a 1962 song where the authors originally assigned their copyright for merely $1 and later sought to exercise their termination rights under U.S. law.

Legal professionals handling international copyright matters should review existing copyright assignments and licensing agreements for works subject to U.S. termination rights, as the Vetter ruling could significantly expand the scope of what is recovered upon termination. Canadian counsel should be aware that Canadian courts would likely reject this interpretation, maintaining the territorial approach. This decision may affect future litigation involving international copyright ownership and the interplay between national treatment and territoriality principles.

What to do next

Review existing international copyright assignments for termination right implications
Assess whether current licensing agreements spanning multiple jurisdictions may be affected by the worldwide copyright theory
Consult with international counsel on jurisdiction-specific strategies for copyright termination

Source document (simplified)

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Professor Tyler Ochoa and Eric Mayzel discussed Vetter v. Resnick and Territoriality of Copyright. Professor Ochoa explained how the case involved a 1962 song where the authors assigned their copyright for just $1, and later sought to terminate the assignment under U.S. law, leading to a controversial court ruling that the termination would reclaim worldwide copyright rights rather than just U.S. rights. Eric Mayzel provided a Canadian perspective, highlighting differences between U.S. termination rights and Canada's automatic reversion system, and discussed how Canadian courts would likely reject the single worldwide copyright theory adopted by the Fifth Circuit. The presentations covered the legal principles at stake, including territoriality versus national treatment in copyright law, and potential implications for future litigation involving international copyright ownership.

Authors

Tyler Trent Ochoa

Santa Clara University School of Law

Tyler T. Ochoa is a Professor and former Academic Director of the High Technology Law Institute at Santa Clara University School of Law. He is a co-author, with Craig Joyce, Marshall Leaffer, and Peter Jaszi, of Copyright Law...

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