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35 Year Rule, 57 Year Copyright Termination

ARTICLE

35 Year Rule

To gain a fundamental understanding of the termination laws and assess whether your works fall under their purview, it's essential to be aware of two key statutes within the Copyright Act.

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The primary statute, Section 203, often referred to as the "35-year law," allows for the termination of both grants of rights in post-1977 sound recordings (such as record contracts) and musical compositions (including publishing agreements, co-publishing agreements, administration agreements, licenses, etc.) 35 years after the publication of the work.

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The second statute, Section 304(c), an older law, exclusively covers musical compositions (not sound recordings) registered prior to 1978. It affects copyrights 56 years after the date of copyright. For instance, if a song was written in 1965, termination can be initiated 56 years later, as demonstrated by Paul McCartney's efforts to terminate Sony's rights in a list of Beatles songs.

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It's crucial to note that these termination laws are effective only for US copyrights, with no impact on foreign copyrights or arrangements in foreign territories. Copyrights are divisible by territory, meaning that a terminated grant only reverts the US copyright to the original creator, leaving other countries unaffected.

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Regardless of where a contract was signed, its language, or the choice of law stated, the nationality of the recording artist or songwriter is irrelevant to owning a US copyright. In joint works or bands, a majority of authors or recording artists must sign the termination, posing some challenges in cases where individuals are hard to find or their shares are represented by successors.

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Special rules apply to deceased authors and recording artists, bypassing local laws on heirs, executors, probate, and estates. After sending the Notice of Termination, there's a two-year notice period during which only the grantee (typically the record or music publishing company) has the right to negotiate a deal for post-termination arrangements.

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The Notice of Termination must be sent between two and ten years before the effective date, which is a date not less than 35 years after the work's publication, with a five-year window.

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Recording the Notice in the US Copyright Office is the second crucial step, requiring payment of a modest fee. This step must be completed within the two-year notice period for the termination to be valid. Although these laws were enacted to benefit creative artists, the music industry may not actively promote awareness of them.

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It's important to note that the statements on this website do not intend to establish an attorney-client relationship and are for informational purposes only.

In Summary

  • Termination Laws Overview:

    • Two key statutes in the Copyright Act govern termination.

      • Section 203 (the "35-year law") allows termination of grants in post-1977 sound recordings and musical compositions 35 years after publication.

      • Section 304(c) covers musical compositions registered before 1978, terminating copyrights 56 years after the date of copyright.

  • Scope of Termination:

    • Termination is effective for US copyrights only, not affecting foreign copyrights or arrangements in foreign territories.

    • Copyrights are divisible by territory, with termination reverting only the US copyright to the original creator.

  • Irrelevance of Contract Details:

    • The nationality of the recording artist or songwriter is irrelevant to owning a US copyright.

    • Contract details such as signing location, language, and choice of law don't impact termination eligibility.

  • Joint Works and Bands:

    • Majority consent of authors or recording artists is required for termination.

    • Challenges may arise in finding individuals or dealing with successors.

  • Special Rules for Deceased Authors:

    • Federal copyright law overrides local laws on heirs, executors, probate, and estates.

  • Negotiation Period:

    • A two-year notice period follows the Notice of Termination.

    • During this period, only the grantee can negotiate post-termination arrangements.

  • Timing of Notice:

    • The Notice of Termination must be sent between two and ten years before the effective date.

    • The effective date is a minimum of 35 years after publication, with a five-year window.

  • Recordation Process:

    • Recording the Notice in the US Copyright Office is crucial.

    • Must be completed within the two-year notice period for termination to be valid.

  • Awareness and Industry Dynamics:

    • Industry may not actively promote awareness of termination laws.

    • Statements on the website are for informational purposes only, not establishing an attorney-client relationship.

Demystifying Legal Deadlines for Your Creations

The 35 Year Law might seem complex, magical and illogical at first, but let's simplify it.
 

  • Detective Work for Dates: Find the publication date like a detective. First is publication is defined as selling, transferring, renting, leasing, or lending copies or phonorecords or IP. Check the copyright certificate, www.copyright.gov, or try Wikipedia or Discogs. The copyright certificate is your golden ticket, though challenges can happen.
     

  • Release Date Magic: Imagine you dropped a track on September 1, 1985. Now, the deal's endgame? You've got a window from September 1, 2020, to August 31, 2025 – five years from the public debut.
     

  • The Nitty-Gritty: You've got a five-year window to drop the termination notice. But wait, there's a rule – give a heads-up two years in advance. The magic formula:
     

    35 (years) + 5 (years window) – 2 (years notice) = your deadline.
     

    For example, if your album from June 1, 1982, hits 35 years later on May 31, 2017, the five-year window closes on May 31, 2022. Add the two-year notice, and your deadline is May 31, 2020. Blink, and that chance to terminate is gone forever.
     

  • Global Spotlight: Your work doesn't have to debut only in the U.S. A German album, for instance, released in Germany can still get a termination notice for U.S. copyright, starting with the German publication date.
     

  • Future Gazing: How soon can you fire off that notice? The law says serve it "not less than two or more than ten years before" the termination date. So, if your 1990 album faces termination in 2025, drop that notice as early as 2015. But for a creation in 1996, it's a waiting game – the effective date won't be earlier than 2031, with a ten-year notice period starting in 2021. No notices for now.

Now, let's look ahead. How soon can you send a notice for dates far into the future? The law says the notice should be served "not less than two or more than ten years before" the termination date. So, if your album from 1990 faces its first termination date in 2025, you can fire off that notice as early as 2015. However, for works released in 1996, it's too early to send notices. The effective date would be no earlier than 2031, with a ten-year notice period starting in 2021, meaning no notices for now. THIS CHART IS ONLY A GUIDE IT MAY CONTAIN INACCURACIES. IT IS NOT INTENDED AS LEGAL ADVICE. PLEASE CONTACT US SO WE MAY PERFORM YOU CUSTOM CALCULATION.

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US Copyright Summary

Under Section 203 of the US Copyright Act, songwriters and recording artists possess crucial rights to terminate grants of rights to music publishers and record companies, specifically for works first published after January 1, 1978. This aspect of the Copyright Act holds superiority over any agreements made by authors or recording artists. The concept of "terminations" is unique to US law and is not present in other countries, except in cases of "works made for hire," which is rare in the music industry.

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The effectiveness of termination does not require a buy-out or financial transaction. Instead, the original publisher or record company loses the US copyright. There are specific technical requirements for the notice, including sending it not less than two years and not more than ten years before the effective termination date. The recording must have been published after January 1, 1978, and a majority must sign off on the notice.

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For example, if you released recordings in 1979, you can send the notice now. The original termination date would have been in 2014 (35 years after 1979), but due to the two-year notice requirement, the notice can be sent with an effective termination date, let's say, March 1, 2017.

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A unique aspect of this termination law is the two-year notice period, during which, except for the current publisher and/or record company, no other party can make a deal with the songwriter or recording artist. This buffer zone ensures that the original grantee has the first opportunity to buy the US copyright for the period after termination (which extends to "life plus 70 years"). After this two-year period, if no deal is made with the current publishers or labels, the songwriter or recording artist is free to make any deal or even release the recordings independently.

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Initiating the process involves preparing Notices of Termination, serving them on publishers and labels, and recording them in the Copyright Office.

17 U.S. Code §203

​Termination of transfers and licenses granted by the author
​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:

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(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.

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

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  • 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.

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(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.

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(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:

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(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).

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(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.

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(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).

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(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.

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(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.

17 U.S. Code § 304

Duration of copyright: Subsisting copyrights
a) Copyrights in Their First Term on January 1, 1978

(1)

 

A) Any copyright, the first term of which is subsisting on January 1, 1978, shall endure for 28 years from the date it was originally secured.

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B) In the case of—

  • i any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or

  • ii any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire,

  • iii the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of 67 years.
     

C) In the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work:

  • i the author of such work, if the author is still living,

  • ii the widow, widower, or children of the author, if the author is not living,

  • iii the author’s executors, if such author, widow, widower, or children are not living, or

  • iv 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.

 

(2)

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A) At the expiration of the original term of copyright in a work specified in paragraph (1)(B) of this subsection, the copyright shall endure for a renewed and extended further term of 67 years, which—

  • i if an application to register a claim to such further term has been made to the Copyright Office within 1 year before the expiration of the original term of copyright, and the claim is registered, shall vest, upon the beginning of such further term, in the proprietor of the copyright who is entitled to claim the renewal of copyright at the time the application is made; or

  • ii if no such application is made or the claim pursuant to such application is not registered, shall vest, upon the beginning of such further term, in the person or entity that was the proprietor of the copyright as of the last day of the original term of copyright.
     

B) At the expiration of the original term of copyright in a work specified in paragraph (1)(C) of this subsection, the copyright shall endure for a renewed and extended further term of 67 years, which—

  • i if an application to register a claim to such further term has been made to the Copyright Office within 1 year before the expiration of the original term of copyright, and the claim is registered, shall vest, upon the beginning of such further term, in any person who is entitled under paragraph (1)(C) to the renewal and extension of the copyright at the time the application is made; or

  • ii if no such application is made or the claim pursuant to such application is not registered, shall vest, upon the beginning of such further term, in any person entitled under paragraph (1)(C), as of the last day of the original term of copyright, to the renewal and extension of the copyright.

 

(3)

 

A) An application to register a claim to the renewed and extended term of copyright in a work may be made to the Copyright Office:

  • i within 1 year before the expiration of the original term of copyright by any person entitled under paragraph (1)(B) or (C) to such further term of 67 years; and

  • ii at any time during the renewed and extended term by any person in whom such further term vested, under paragraph (2)(A) or (B), or by any successor or assign of such person, if the application is made in the name of such person.
     

B) Such an application is not a condition of the renewal and extension of the copyright in a work for a further term of 67 years.

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(4)

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A) If an application to register a claim to the renewed and extended term of copyright in a work is not made within 1 year before the expiration of the original term of copyright in a work, or if the claim pursuant to such application is not registered, then a derivative work prepared under authority of a grant of a transfer or license of the copyright that is made before the expiration of the original term of copyright may continue to be used under the terms of the grant during the renewed and extended term of copyright without infringing the copyright, except that such use does not extend to the preparation during such renewed and extended term of other derivative works based upon the copyrighted work covered by such grant.
 

B) If an application to register a claim to the renewed and extended term of copyright in a work is made within 1 year before its expiration, and the claim is registered, the certificate of such registration shall constitute prima facie evidence as to the validity of the copyright during its renewed and extended term and of the facts stated in the certificate. The evidentiary weight to be accorded the certificates of a registration of a renewed and extended term of copyright made after the end of that 1-year period shall be within the discretion of the court.

b) Copyrights in Their Renewal Term at the Time of the Effective Date of the Sonny Bono Copyright Term Extension Act

Any copyright still in its renewal term at the time that the Sonny Bono Copyright Term Extension Act becomes effective shall have a copyright term of 95 years from the date copyright was originally secured.

c) Termination of Transfers and Licenses Covering Extended Renewal Term

Any copyright still in its renewal term at the time that the Sonny Bono Copyright Term Extension Act becomes effective shall have a copyright term of 95 years from the date copyright was originally secured.


In the case of any copyright subsisting in either its first or renewal term on January 1, 1978, other than a copyright in a work made for hire, the exclusive or nonexclusive grant of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by any of the persons designated by subsection (a)(1)(C) of this section, otherwise than by will, is subject to termination under the following conditions:

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1) In the case of a grant executed by a person or persons other than the author, termination of the grant may be effected by the surviving person or persons who executed it. In the case of a grant executed by one or more of the authors of the work, termination of the grant may be effected, to the extent of a particular author’s share in the ownership of the renewal copyright, by the author who executed it or, if such 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.

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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 fifty-six years from the date copyright was originally secured, or beginning on January 1, 1978, whichever is later.
 

4) The termination shall be effected by serving an advance notice in writing upon the grantee or the grantee’s successor in title. In the case of a grant executed by a person or persons other than the author, the notice shall be signed by all of those entitled to terminate the grant under clause (1) of this subsection, or by their duly authorized agents. In the case of a grant executed by one or more of the authors of the work, the notice as to any one author’s share shall be signed by that author or his or her duly authorized agent or, if that author is dead, by the number and proportion of the owners of his or her termination interest required under clauses (1) and (2) of this subsection, or by their duly authorized agents.

 

  • 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, or, in the case of a termination under subsection (d), within the five-year period specified by subsection (d)(2), 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.
 

6) In the case of a grant executed by a person or persons other than the author, all rights under this title that were covered by the terminated grant revert, upon the effective date of termination, to all of those entitled to terminate the grant under clause (1) of this subsection. In the case of a grant executed by one or more of the authors of the work, all of a particular author’s rights under this title that were covered by the terminated grant revert, upon the effective date of termination, to that author or, if that author is dead, to the persons owning his or her termination interest under clause (2) of this subsection, including those owners who did not join in signing the notice of termination under clause (4) of this subsection. In all cases the reversion of rights is subject to the following limitations:
 

  • A) 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.
     

  • B) 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 this subsection.
     

  • C) Where the author’s rights revert to two or more persons under clause (2) of this subsection, they shall vest in those persons in the proportionate shares provided by that clause. In such a case, and subject to the provisions of subclause (D) of this clause, a further grant, or agreement to make a further grant, of a particular author’s share with respect to 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 this clause, as are required to terminate the grant under clause (2) of this subsection. Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under this subclause, 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 subclause.
     

  • D) 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 author or any of the persons provided by the first sentence of clause (6) of this subsection, or between the persons provided by subclause (C) of this clause, 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 this subsection.
     

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

  • F) Unless and until termination is effected under this subsection, the grant, if it does not provide otherwise, continues in effect for the remainder of the extended renewal term.

d) Termination Rights Provided in Subsection (c) Which Have Expired on or Before the Effective Date of the Sonny Bono Copyright Term Extension Act.

In the case of any copyright other than a work made for hire, subsisting in its renewal term on the effective date of the Sonny Bono Copyright Term Extension Act for which the termination right provided in subsection (c) has expired by such date, where the author or owner of the termination right has not previously exercised such termination right, the exclusive or nonexclusive grant of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by any of the persons designated in subsection (a)(1)(C) of this section, other than by will, is subject to termination under the following conditions:

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  • 1) The conditions specified in subsections (c)(1), (2), (4), (5), and (6) of this section apply to terminations of the last 20 years of copyright term as provided by the amendments made by the Sonny Bono Copyright Extestion Act
     

  • 2) Termination of the grant may be effected at any time during a period of 5 years beginning at the end of 75 years from the date copyright was originally secured.

Litigation

Village people policeman wins landmark copyright battle to regain control of hits including YMCA
Warner Music settles lawsuit with rock band The Jesus and Mary Chain over rights dispute

Even if an artist or author has previously signed agreements transferring all rights to their music label or publisher, there exists a federal law that allows the artist to reclaim the copyright after a specific number of years, as outlined in 17 U.S.C. § 203. The Copyright Act of 1976 grants recording artists and songwriters the right to reclaim rights to their copyrighted work 35 years after its creation. This "termination right" is designed to empower creators to renegotiate publishing or license deals made before the true value of their work became apparent. For instance, a song might not gain much attention or revenue initially but could later soar in popularity if used in a successful movie. Many artists find it necessary to assign away rights to get their works published initially. The termination right applies to rights assigned from January 1, 1978, provided the works were not "made for hire." These termination rights began becoming effective in 2013, marking 35 years after the law's enactment in 1978.

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An illustrative case is that of Victor Willis, the former lead singer of the 1970s pop band Village People, who successfully claimed rights to his interests in the copyright of 33 co-authored songs, including "YMCA." Numerous songwriters, such as Bob Dylan, Tom Petty, Prince, and David Byrne, have either exercised or threatened to exercise these rights during royalty deal renegotiations.

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In cases where an artist is deceased, termination notices may be sent to license holders by surviving spouses, children, grandchildren, executors, administrators, personal representatives, or trustees. For instance, the surviving spouse of singer James Brown would be entitled to 50 percent of his termination interest, with the remaining 50 percent shared among his surviving children.

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There have been a number of success in court and outside of court by forcing settlement:

International Artists

For international recording artists and songwriters, irrespective of their nationality or the location of contract signings—whether in England, Germany, France, Canada—US copyright law is applicable. The jurisdiction of the law is not constrained by nationality, contract signing location, language, or choice of law provision.
 

It is a common misconception that contracts signed outside the US are exempt from the benefits of US copyright law, particularly regarding copyright terminations. Contrary to this belief, the US stands alone in its concept of copyright terminations, a tradition dating back to the first Copyright Act in 1790.
 

Many non-US legal advisors may not be well-versed in these intricacies of US copyright law. Our firm, with over twenty years experience, has been actively involved in copyright terminations.
 

Unlike many countries, the US allows for the termination of copyrights, providing artists and songwriters the option to recapture their rights. The termination right is subject to specific notice windows, and it's crucial to act before the expiration of these windows to reclaim copyrights

Descendants - Child, Widow, or Next of Kin

If you are the widow, widower, or child of a deceased songwriter or recording artist, you may be entitled to rights under the Copyright Act that you might not be aware of.

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In cases where the author of a work is no longer living at the time termination notices can be sent, the Copyright Act specifies certain individuals who have the authority to sign and send termination notices to record companies and music publishing companies. It's important to note that federal law, as outlined in the Copyright Act, takes precedence over state law. Even if a person's estate arrangements or will specify certain family members, federal law controls.

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Sections 203 and 304(c) of the Copyright Act, while concise, outline complex rules regarding who has the authority to sign a termination notice, how many people must sign it, and other considerations.

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Whether you are the widow, widower, child, or a more distant relative of the deceased songwriter or recording artist, the specific rules governing your situation can vary. If you fall into this category, we encourage you to reach out to us, and we will provide you with information on the applicable rules based on your unique circumstances.

57 Year Rule

For works released prior to January 1, 1978, the "35-year rule" does not apply. Instead, these works fall under § 304(c), which follows a different termination rule, typically 57 years after the copyright date.
 

Presently, § 304(c) exclusively covers musical compositions (not sound recordings) registered before 1978. It impacts copyrights 57 years after the date of copyright. For example, if a song was written in 1965 (and registered for copyright in 1965), the termination window would be in 2022. Paul McCartney is currently utilizing this law to terminate Sony's rights in 50% of various Beatles songs. This law also applies to sound recordings registered from February 15, 1972, to December 31, 1977, though this period is yet to come.
 

This law is crucial, and terminations for iconic songs from the 1960s are just beginning. There is ample time remaining.
 

If a record contract was signed in 1976 but the second or third album was released after January 1, 1978, it is possible to terminate the record deal for the albums released after the new law took effect.
 

For compositions with a copyright date of 1971 or earlier, it is advisable to consider sending terminations. Feel free to contact us for more information on this matter.

Why Choose Us

Our approach involves meticulous research to ensure accuracy in gathering facts and serving termination notices. Precision is paramount, as improper notices can result in significant delays and the potential loss of rights.

We specialize in handling challenging issues related to co-authors, band members, and more. It's crucial to have the right individuals sign the notice, as failure to do so renders the notice invalid with no legal effect.

We will Guide you through the crucial process of providing appropriate notices to avoid loss of copyright reversion by:

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  • Conduct careful research to ensure accurate facts and precise service of termination notices;

  • Provide expert assistance for complex issues, including co-authors, band members, etc.

  • Securing the right signatures to ensure legal validity of termination notices;

  • Recognizing the potential risks of improper notices and work diligently to prevent delays and loss of rights.
     

Providing the appropriate notice is essential, as failure to do so means forfeiting your right to the reversion of copyright. We are committed to guiding you through this process to safeguard your rights effectively. If you have any inquiries or require assistance, please don't hesitate to reach out to us.

Fees

We offer a number of fee structures to accommodate your needs. In addition you have a number of options in monetizing your catalogue including:

  • License your copyrights to the company.

  • License your copyright to another entity.

  • Form your own company to monetize your copyrights.
     

Contact us to figure out a plan to get your Intellectual Property back.

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