Document Type

Blog Post

Publication Date

3-21-2026

Abstract

Typically, copyright lawyers around the nation look to the Second Circuit, presiding over New York City, and the Ninth Circuit, similarly moderating Los Angeles, for pivotal intellectual property legal decisions. On January 12, 2026, however, the Court of Appeals for the Fifth Circuit released an opinion that has upended seemingly settled music publishing principles. Donald Passman’s textbook “All You Need to Know About the Music Business”, a source read by aspiring music industry professionals, describes termination rights as:

One of the best goodies that creators got in the 1976 Copyright Law is the right of termination. The termination provisions say that even if you make a bonehead deal, the copyright law will give you a second shot—thirty-five years later. In other words, thirty-five years after a transfer, you can get your copyright back. By the way, this termination is only for the U.S. copyright. You’re stuck with whatever deal you made for the rest of the world. As it happens, the United States is the only country where you get a do-over.

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