3 Count: International Termination

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1: Fifth Circuit Expands Copyright Termination Beyond U.S. Borders

First off today, Aaron Moss at Copyright Lately reports that the Fifth Circuit Court of Appeals has ruled that copyright termination does not apply to just U.S. rights, but to rights “throughout the world.”

Copyright termination is a uniquely American rule that allows original creators to reclaim their rights by undoing transfers or exclusive licenses after a set number of years. In general, it has been determined that this only applies to U.S. rights, but the Fifth Circuit ruled in the case of Vetter v. Resnik that it applies globally.

The decision has the potential to disrupt international copyright exploitation. However, this may not be the last word on the case as there is a possibility for appeal, either to the full Fifth Circuit or the Supreme Court.

2: Australia’s Copyright Tribunal Hikes Radio Royalty Rate on Sound Recordings

Next up today, Lars Brandle at Billboard reports that the Copyright Tribunal of Australia has set a new sound recording broadcast rate of .55% of industry revenue, equalling a 38% increase in royalty rates.

In Australia, the copyright act sets a cap on the royalty rate, with the specific rate being determined by the Copyright Tribunal. Currently, for sound recordings, that rate is .4% of industry revenue, an amount that equals roughly A$4.4 million ($2.94 million) per year.

The Copyright Tribunal has announced it is raising the royalty rate to 0.55%, which will be backdated to July 2023. This is expected to mean millions more dollars from the country’s artists. The radio industry had opposed any increase, saying it would endanger regional radio operations.

3: Cher Moves to Recover $1 Million Legal Tab From Mary Bono Following Copyright Dispute

Finally today, Madelaine Panganiban at Music times reports that Cher is seeking to recover more than $1 million in legal costs from Mary Bono following a lengthy dispute over Sonny Bono’s music.

Sonny Bono and Cher were divorced in 1978 and that divorce agreement gave Cher 50 percent of composition and recording royalties on the projects they shared. However, Mary Bono, Sonny’s second wife, attempted to use copyright termination to reclaim those royalties.

That effort failed, with the judge ruling that copyright termination could not undo the divorce agreement. Now, Cher is seeking her legal costs, saying Mary Bono’s position was wholly unreasonable and caused her to bear over $1 million in legal costs.

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