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17 U.S.C. § 203Termination of transfers and licenses granted by the author

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 1,100 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets an author cancel a copyright grant, even if a contract says they can't. It says who may end the grant, when, and how to give notice. Ending it returns the rights to the author or their family, with some limits.

(a) Conditions for Termination. For grants other than "work made for hire" grants, made by the author on or after January 1, 1978, and not made by will, the author (or their heirs) can cancel the grant later — but only under these rules: (1) Who can cancel: If one author signed the grant, that author can cancel it. If the author has died, the people who inherited more than half of that author's "termination interest" (explained in (2) below) can cancel it instead. If two or more authors jointly signed the grant, a majority of the living authors who signed it can cancel it. For any author who has died, their share of the termination interest can be used, as a group, by whoever holds more than half of that author's share. (2) Who owns a dead author's termination interest: (A) The widow or widower owns all of it — unless the author also has surviving children or grandchildren, in which case the widow or widower gets half. (B) The author's surviving children (and the surviving children of any child who has died) own all of it if there's no widow or widower — or half of it, split among them, if there is one. (C) Among children and grandchildren, shares are split "per stirpes" — each branch of the family gets a share based on how many of the author's children that branch represents. A dead child's share can only be used if a majority of that child's own children agree. (D) If there's no living widow, widower, child, or grandchild, the author's executor, administrator, personal representative, or trustee owns the whole termination interest. (3) When: The grant can be cancelled during a 5-year window that starts 35 years after the grant was signed. If the grant covers the right to publish the work, the window instead starts 35 years after publication under the grant, or 40 years after signing — whichever comes first. (4) How: The people cancelling must send the grant's holder (or their successor) a written notice, signed by enough of the owners described in (1) and (2). (A) The notice must state the termination date, which must fall within the 5-year window from (3), and it must be sent at least 2 years but no more than 10 years before that date. A copy must be recorded with the Copyright Office before the termination date, or the termination doesn't count. (B) The notice's form, content, and delivery must follow rules set by the Register of Copyrights. (5) Termination works even if some other agreement — including a promise to make a will or a future grant — tries to prevent it. (b) Effect of Termination. Once termination takes effect, the rights covered by the grant go back to the author, the authors, and the other people who owned termination interests under (a)(1) and (2) — including ones who didn't sign the notice — but with these limits: (1) A derivative work made under the grant before termination can still be used under the old grant's terms after termination. But no new derivative works based on the original work can be made after termination. (2) The rights that will revert become "vested" — locked in — on the date the termination notice was served, in the shares set out in (a)(1) and (2). (3) After termination, a new grant of the same rights is valid only if it's signed by the same number and share of owners that would have been needed to cancel the original grant. Once that happens, the new grant covers everyone whose rights vested — even people who didn't sign it. If someone who held vested rights has died, their legal representatives, heirs, or people named in their will stand in for them. (4) A new grant of the terminated rights is only valid if it's made after the termination takes effect. One exception: the people from (3) and the original grant-holder (or their successor) can agree to a future new grant once the termination notice has been served — even before termination is final. (5) Termination under this section only affects rights that come from federal copyright law. It doesn't touch any rights the author has under other federal, state, or foreign law. (6) If nobody terminates it under this section, the grant keeps going for however long the copyright lasts, unless the grant itself says otherwise.
the actual law source: uscode.house.gov ↗public domain
(a)Conditions for Termination.—

In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:

(1)

In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest.

(2)

Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:

(A)

The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.

(B)

The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.

(C)

The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author’s children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.

(D)

In the event that the author’s widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author’s entire termination interest.

(3)

Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.

(4)

The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee’s successor in title.

(A)

The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.

(B)

The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.

(5)

Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

(b)Effect of Termination.—

Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination under clause (4) of subsection (a), but with the following limitations:

(1)

A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(2)

The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a).

(3)

Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person’s legal representatives, legatees, or heirs at law represent him or her for purposes of this clause.

(4)

A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee’s successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).

(5)

Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(6)

Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2569; Pub. L. 105–298, title I, § 103, Oct. 27, 1998, 112 Stat. 2829; Pub. L. 107–273, div. C, title III, § 13210(9), Nov. 2, 2002, 116 Stat. 1909.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2569
  • 1998Amended · Pub. L. 105-298 · 112 Stat. 2829
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1909

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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