Latent Copyright Termination — Notes For The Unwary

Law360, New York (February 7, 2013, 12:32 PM EST) -- One of the lesser-known and more surprising rights afforded authors under the U.S. Copyright Act of 1976 is the right to unilaterally terminate a transfer or license of copyright. This termination right may not be waived, sold in advance or otherwise forfeited by contract. As a legislatively mandated, nondisclaimable, reversionary right, it is an anomaly in a legal system that cherishes freedom and certainty of contract and frowns upon restraints on alienation of property. Its avowedly paternalistic goal is to protect authors from bad deals by giving them the power to later strike a better deal reflecting a subsequent increase in the commercial value of their works. The termination right, however, does not apply to transfers by will, works made for hire or derivative works created by the transferee or authorized licensee....

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