MSS Intellectual Property Chair Jed Ferdinand Quoted in Law360 on Landmark Copyright Ruling and Global Rights Uncertainty

Meister Seelig & Schuster PLLC (MSS) Intellectual Property Partner and Practice Group Chair Jed Ferdinand was recently quoted in Law360 in an article titled “Copyright Ruling Leaves Worldwide Rights In Legal Limbo,” published October 23, 2026.

The article examines the significant implications of a recent U.S. Supreme Court action that left standing a Fifth Circuit ruling allowing authors to reclaim foreign copyright rights included in worldwide grants under U.S. copyright termination law.

The Supreme Court’s inability to hear the case due to a lack of quorum leaves unresolved questions surrounding international copyright ownership, intellectual property licensing, and the valuation and acquisition of entertainment and music catalogs. While the Fifth Circuit’s ruling remains binding within its jurisdiction, the absence of a nationwide precedent creates uncertainty for copyright holders, investors, publishers, and entertainment companies.

Speaking with Law360, Ferdinand described the decision as a “major concern” for transactions involving worldwide copyright grants that may be subject to termination. He noted that purchasers may now face additional due diligence obligations, including determining who holds termination rights and whether an author’s heirs may exercise those rights.

Ferdinand also discussed potential contractual protections, including escrow arrangements and indemnification provisions, while emphasizing the challenges associated with longstanding agreements that may not adequately address these emerging risks.

As courts continue to grapple with the scope of U.S. copyright termination rights, the decision underscores the importance of strategic intellectual property counsel in navigating complex copyright transactions, global licensing agreements, and entertainment industry investments.

Read the full article: Copyright Ruling Leaves Worldwide Rights In Legal Limbo — Law360, October 23, 2026.