Supreme Court can't hear song rights case as four justices recuse
Four Supreme Court justices sat out a music copyright case, leaving the court short of the six it needs to act. That means a lower court ruling stands. It lets songwriters who take back their rights reclaim them worldwide, not just in the US.
The Supreme Court could not consider a music industry challenge over songwriters' rights after four justices sat the case out, leaving a lower court's ruling in place, Music Business Worldwide and the Washington Examiner reported.
Justices Sonia Sotomayor, Neil Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson "took no part in the consideration or decision of this petition," the court's order said Monday, according to Music Business Worldwide. The order gave no reason. That left five justices, one short of the six needed for a quorum.
Without a quorum, the ruling by the U.S. Court of Appeals for the 5th Circuit is upheld, the same way a tie would leave it in place, the Examiner reported.
All four justices have published books with Penguin Random House, whose parent company, Bertelsmann, also owns BMG, the outlets reported. The same four, plus Justice Samuel Alito, stepped aside last year from a copyright case against author Ta-Nehisi Coates in which Bertelsmann was a defendant. The Examiner reported that this was the first time since May 2025 that recusals kept the court from considering a case.
The case, BMG Rights Management v. Vetter, asked whether songwriters who reclaim rights under U.S. law get them back only in the U.S. or around the world, the Examiner reported. The 5th Circuit ruled in January that the rights return worldwide. U.S. law lets songwriters take back rights after 56 years for works from before 1978 and after 35 years for later works, Music Business Worldwide reported. Until that ruling, the industry had mostly treated the right as covering only the U.S.
The dispute centers on "Double Shot (Of My Baby's Love)," a 1962 song whose writers signed over their rights in 1963 "in exchange for one dollar," according to the 5th Circuit, Music Business Worldwide reported. Vetter, one of the writers, served a termination notice in 2019.
Because the court did not rule on the merits, the decision binds federal courts only in Louisiana, Mississippi and Texas, Music Business Worldwide reported. Courts elsewhere could reach a different result.
What we know: The 5th Circuit's worldwide ruling stands after four justices recused.
What we don't: Whether other courts or foreign countries will follow it.
Where outlets agree Music Business Worldwide and the Washington Examiner both report that four justices recused, leaving the 5th Circuit's worldwide copyright ruling in place.
Where they differ The cited reports agree on the key facts so far.