Book deals leave Supreme Court without quorum in music copyright fight
The U.S. Supreme Court failed recently to muster a quorum to hear a high-profile music copyright appeal, thanks to several justices’ book deals. (Photo by Alex Wong/Getty Images)
The U.S. Supreme Court failed recently to muster a quorum to hear a high-profile music copyright appeal, thanks to several justices’ book deals.
Courthouse News Service reported Monday that Justice Sonia Sotomayor, Justice Neil Gorsuch, Justice Amy Coney Barrett and Justice Ketanji Brown Jackson had to recuse themselves from considering a petition brought by record label BMG Rights Management because they each have book deals with Penguin Random House, which shares a parent company with BMG Rights Management.
With only five justices left, the court lacked the six required for a quorum, meaning that the lower court’s decision granting songwriter Cyril Vetter full ownership of the 1962 song “Double Shot (Of My Baby’s Love)” will stand.
According to Courthouse News Service, the dispute began in 2022, when ABC sought permission to use the song on international broadcasts and streaming platforms. Two lower courts sided with Vetter, allowing him to reclaim the song’s copyright in the United States and abroad.
BMG Rights Management argued that the rulings upset long-standing industry norms on publishing rights and would create confusion.
The episode drew criticism from Fix the Court, a watchdog group, which said the justices have earned more than $13 million combined from book deals.
“Today’s recusals make clear that the Supreme Court’s current disqualification standards need review,” said Gabe Roth, Fix the Court’s executive director, in a statement, adding that “where the lack of a quorum means a lower court’s judgment is affirmed, and the Supreme Court is no longer supreme.”
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