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U.S. Code as of:
01/19/04
Section 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:
(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.
(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 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.
(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.
(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:
(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).
(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.
(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).
(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.
(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.
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