The Copyright Act contains a non-revocable right for a copyright owner to terminate any copyright transfer. The purpose for this is to give the creator of the work or the creator's heirs a second chance to exploit the work in situations where the value of the work may have been significantly enhanced since the original transfer. Generally, there is a five year window of time to accomplish the termination beginning either at
- 35 years from the assignment if the transfer was made on or after January 1, 1978; or
- 56 years from the date copyright was originally secured if the transfer was made before January 1, 1978.
The ability to terminate a transfer cannot be negotiated away. EXCEPTION: parties who
created derivative works prior to the termination AND works made for hire are not subject to this termination of transfer right.
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