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Counseling Statutory Successors Regarding Copyright Termination
Practices
January 30, 2013
The management of literary, artistic or other creative portfolios comprised of copyright-protected works continues long after the original author has passed away. The enduring nature of copyright protection means that generations of an author's heirs or other statutory successors may be involved to some degree in the ongoing exploitation of the author's works. The termination provisions of the Copyright Act of 1976 (the Copyright Act) may provide successors with an opportunity to recapture rights earlier granted by the author, or in the case of a grant prior to January 1, 1978, by an earlier successor. This article, authored by entertainment associate Carrie Casselman, provides a brief overview of the nature of the copyright termination right, as well as guidance with respect to a few key issues encountered by successors contemplating its exercise, namely identification of the parties entitled to effect termination, preparation of the termination notice, limitations on the scope of termination, and value assessment.
Reprinted with permission from: Entertainment, Arts and Sports Law Journal, Fall/Winter 2012, Vol. 23, No. 3, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.