Intellectual Property Law

Chapter 12 Putting It Into Words Solution

Your firm’s client, Laura Allan, a widow with no children, has heard a great deal about
artists being able to “undo” their earlier copyright grants. In 1980, her husband transferred
the rights to a song he had composed to RR Record Label, Inc. Draft a brief paragraph to
be inserted into a letter to Ms. Allan describing her rights to terminate the transfer.

Under U.S. copyright law, copyright owners and their heirs are able to
terminate their earlier transfers of copyrights. Transfers that occurred after
January 1, 1978, may be terminated so as to allow an author to recapture
copyright rights that were previously granted to others. Because you are the
surviving spouse of the copyright author (and there are no children), you
own all of the termination rights. The right to terminate may be effected at
any time during a period of five years beginning in the 36th year after the
date of execution of the grant. In this case, the grant was made in 1980; thus
termination may be effected at any time between 2015 and 2020. Please note,
however, that if the work created by Mr. Allan was one “made for hire”
(meaning it was made during the course of his employment), termination
rights do not exist.

[Note: Students may also include information such as the following.]

Termination is a complex process and notice must be given to the current
copyright holder, RR Record Label, Inc., at a specific time. Moreover, the
content of the notice is closely regulated by statute. The notice must also be
recorded with the U.S. Copyright Office. Please let us know if you would like
us to assist you in recapturing the copyright in the song composed by Mr.
Allan and granted to RR Record Label, Inc., in 1980.