Richard Finch, a founder member of KC & The Sunshine Band and co-writer of some of the group’s biggest hits, has recently made headlines by suing EMI Longitude Music, part of Sony Music Publishing, in a bid to exercise his termination right under US copyright law.

Finch is trying to terminate a 1983 deal that saw him assign his share in the KC & The Sunshine Band songs he had co-written with Harry Wayne Casey to the band’s lead singer and fellow co-writer. However, Finch has fallen out with Casey and is now seeking to reclaim his rights.

The termination right allows music-makers who assign their copyrights to a business partner to terminate that assignment and reclaim their rights after a set period of time. In this case, that period is 35 years, which means Finch can still exercise his termination right despite the fact that it was more than three decades ago when he signed the original deal.

Finch’s move is not without controversy, with some in the record industry disputing whether the termination right applies to record contracts at all. Many labels argue that they are the default owners of any recordings made by artists they sign, so no assignment of copyright actually takes place, meaning there is no assignment to terminate.

However, Finch is pushing forward with his claim, which could have significant implications for the music industry as a whole. If he is successful in reclaiming his rights, it could set a precedent for other artists who have assigned their copyrights in similar circumstances.

The case is currently working its way through the courts, and it remains to be seen how it will ultimately play out. However, one thing is clear: Richard Finch’s decision to exercise his termination right has sent shockwaves through the music industry and could have far-reaching consequences for the rights of artists and songwriters everywhere.

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