Why copyright termination heralds a perfect storm

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Why copyright termination heralds a perfect storm

For those AIPLA Annual Meeting attendees who (mis)spent their youth dancing to the Village People’s disco classic YMCA, it might come as something of a shock to realise that the band released the song almost 35 years ago

The song’s age is significant, because section 203 of the U.S. Copyright Act gives authors the right to terminate grants of copyright made after January 1, 1978, as long as they exercised the grant at least 35 years ago.

Kevin C. Parks of Leydig Voit & Mayer spoke at an AIPLA Annual Meeting session on copyright entitled Copyright Openings and Closings-Open Source, the OPEN Act, and Termination Rights. He explained why the law has the makings of a perfect storm—or at least a perfect storm of litigation, using YMCA co-writer Victor Willis as a case study.

Willis (the Village People’s “cop” and lead singer) assigned his rights in a series of Village People songs to a music publishing company soon after writing them. Willis married a lawyer in 2007 (“a good move,” said Parks), and later filed a notice of termination on publisher Scorpio Music. It responded by seeking a declaratory statement that the notice had been improperly filed, claiming that since Willis did not represent a majority of the joint authors of the songs in suit he could not unilaterally terminate the assignment.

But in May, a California court ruled that Willis was entitled to reclaim his copyright in the songs since he had transferred his copyright interest separately from the other authors.

“Although it was a narrow holding, it was definitely round one to the creative community,” said Parks. Now other music is subject to termination notices, with Bob Dylan, Tom Petty and Kris Kristofferson among those seeking the return of their rights.

Yet the ruling may not strip music publishers of their catalogues, said Parks. Not all artists want to manage and exploit their own rights: it’s a complex, time-consuming business that many are happy to leave to specialists. There may also be commercial advantages to leaving all of their copyrights in one place. That means that many artists will choose to negotiate new, more generous terms for their copyright assignments rather than reclaim the rights.

Parks left the audience with his own, updated version of Willis’ song: “Young man,” he said. “It’s fine to (terminate) YMCA.”

Download the AIPLA Daily Report, published by Managing IP from Washington, DC from our conference newspapers page.

more from across site and SHARED ros bottom lb

More from across our site

SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, is due to help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Gift this article