Can a copyright be terminated?
The Copyright Act permits authors or their heirs, under certain circumstances, to terminate the exclusive or nonexclusive grant of a transfer or license of an author’s copyright in a work or of any right under a copyright.
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Eligibility to Terminate
To terminate a grant, one must be eligible under one of the termination provisions of Title 17, section 203, 304(c), or 304(d).
Determining which provision applies depends on a number of factors, including when the grant was made, who executed it, and when copyright was originally secured for the work.
1) Section 203applies to grants executed by th.
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What are the copyright requirements for a notice of termination?
Any notice of termination submitted to the Office for recordation must comply with the Copyright Act’s statutory requirements ( 17 USC §§ 203, 304 (c), 304 (d)) and the Office’s regulations ( 37 CFR § 201.10 (f)) and instructions, including:
the following:. ,
When to Terminate
Grants may only be terminated during a specific statutory window of time and must specify the date that the termination goes into effect.
The effective date must fall within a five-year "termination period," which is based on factors set forth in sections 203, 304(c), or 304(d), as applicable.
The notice must be served no less than two years and no.
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Who is entitled to a copyright renewal?
the author’s executors, if such author, widow, widower, or children are not living, or the author’s next of kin, in the absence of a will of the author, shall be entitled to a renewal and extension of the copyright in such work for a further term of 67 years.
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Who May Terminate
Identifying the person or persons who may terminate a grant depends on a number of factors, including whether the author or the author's heirs made the grant, whether there are multiple authors, and which termination provision applies.
Generally, a living author can terminate a grant he or she made.
If a grant was made by more than one author on or.
