U.S.Court order
Supreme Court lacks quorum in BMG v. Vetter after four justices with Penguin Random House book deals sit out
The U.S. Supreme Court on October 19, 2026, affirmed by default a Fifth Circuit ruling that songwriter Cyril Vetter's U.S. copyright termination recaptured worldwide rights to "Double Shot (Of My Baby's Love)." Justices Sotomayor, Gorsuch, Barrett and Jackson took no part, leaving five justices, short of the six-justice quorum. BMG's parent, Bertelsmann, also owns Penguin Random House, which has published books by all four.
Order (Supreme Court of the United States) → · Bloomberg Law, Courthouse News Service, ABA Journal
Key points
- The remaining justices found the case could not be heard next term, triggering affirmance under 28 U.S.C. § 2109.Supreme Court of the United States
- The affirmance has the same effect as one by an equally divided court, so it sets no Supreme Court precedent.Supreme Court of the United StatesBloomberg Law
- The order gave no reason for the recusals.Bloomberg Law
- The petition, No. 25-1391, asked whether termination rights under the Copyright Act reach foreign rights.Supreme Court of the United StatesBloomberg Law
- Fix the Court said the recusals show the court's disqualification standards need review and proposed restricting justices' access to book earnings.Courthouse News ServiceABA Journal
Sources4 articles across 4 outlets
ABA Journal
Bloomberg Law
Courthouse News Service
Supreme Court of the United States
Filed under
Court orderU.S.U.S.5th Cir.Intellectual propertyProfessional responsibilityLitigationFor practitioners