1. COPYRIGHT TERMINATION

2. STATUTORY OVERVIEW AND MECHANICS

3. Copyright Duration

4. Renewal right is assignable
How to Secure Value to Authors
Problem:
Renewal right is assignable
Fred Fisher Music Co. v. M. Witmark & Sons (U.S. 1943)
Solution:
New termination right

5. Termination Basics Grants are subject to termination
Inalienable: “Notwithstanding any agreement to the contrary”
Protects authors and statutory successors
Pre-1978 grants: § 304 Later grants: § 203
Derivative works

6. Termination tsunami?

7. Do the math
1978
+ 35
2013

8. Section 203 citations

9. Timing and Mechanics Pre-1978 Grants Example 1998 Act
Termination window
5 years starting 56 years from date copyright secured
Example
Copyright: May 1, 1960
Window: May 1,
1998 Act
New window added

10. Timing and Mechanics Grants in or after 1978
35 years from date of execution of grant
5-year window
Extra time for grants of publication rights
35 years from publication
40 years from execution of the grant

11. Timing and Mechanics Notice 2-10 years before termination
Signature requirement
State effective date
Copy recorded in Copyright Office before effective date

12. Which Grants Are Subject to Termination?
Pre-1978 grants
By author, spouse, children, executor, next of kin
Other than by will
Not work made for hire

13. Which Grants Are Subject to Termination?
Pre-1978 grants
By author, spouse, children, executor, next of kin
Other than by will
Not work made for hire
Later Grants
By author

14. Who May Terminate Author grants Pre-1978 non-author grants
Statutory successors with > ½ of termination interest
Pre-1978 non-author grants
Person who executed
Joint works/grants

15. AGREEMENTS TO THE CONTRARY

16. Marvel Characters v. Simon (2d Cir. 2002)
1969: Settlement agreement said works were created for hire.
1999: Simon files termination notices.
Held:  Works were not created for hire.
Held: Termination effective despite settlement.

17. Novation When is an agreement not to the contrary? Lassie? Pooh?
Steinbeck?
Santa Clause Is Coming to Town?
Gospel music?

18. No express revocation. What result? Baldwin v. Feist (2d Cir. 2015)
Grantor hereby sells, assigns, grants, transfers and sets over to Grantee ... [1] all rights and interests whatsoever now or hereafter known or existing, heretofore or at any time or times hereafter acquired or possessed by Grantor in and to [the Song] ... under any and all renewals and extensions of all copyrights therein and [2] all United States reversionary and termination interests in copyright now in existence or expectant, including all rights reverted, reverting or to revert to Grantor ... by reason of the termination of any transfers or licenses covering any extended renewal term of copyright pursuant to Section 304 of the Copyright Act of 1976, together with all renewals and extensions thereof.

19. No express revocation. What result?
Brumley v. Albert E. Brumley & Sons (6th Cir. 2016)
BILL OF SALE AND ASSIGNMENT.
in consideration of One Dollar ... and other good and valuable considerations, Goldie “assigned and transferred ... all the right, title and interest ... in ... all rights to obtain renewals or copyrights in the future upon Works written or composed by ... Albert E. Brumley” to Brumley & Sons.

20. Which choice of law rules? State or federal?
Current controversies:
Choice of law
Which choice of law rules?
State or federal?
Contract, tort or property?

21. CONCLUSION