McCartney Times

The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements simply by serving notice upon the grantee between 46 and 59 years after the date that the rights were granted. This means that, for the hit songs of the 1960s and 1970s, the window during which copyright termination notices may be served is now upon us—and, of course, litigation sometimes follows.Sir Paul McCartney served just such copyright notices on Sony, seeking to recapture his rights to some of the world-famous works that he created with The Beatles and as a solo artist. Then, last month, Sir Paul sued Sony in a New York federal court, seeking a declaratory judgment that his termination notices were effective and enforceable. He appears to have filed this pro-active action in attempt to avoid the fate of Duran Duran, who one month prior suffered a significant setback when a UK court ruled that the service of US copyright termination notices constituted a breach of contract under UK law.Copyright Termination Under US LawThe US Copyright Act of 1909 allowed authors one initial 28-year copyright term, renewable for another 28 years. It was rewritten in 1976 – its first major overhaul since 1909. The Copyright Act of 1976 contains two provisions allowing authors to terminate grants of copyright assignments and licenses after a period of time. The first provision, Section 203, applies to works created after January 1, 1978. The second provision, Section 304, applies to works created before 1978, but still subject to copyright as of 1978. Section 203 allows authors to serve a notice of termination between 25 and 38 years after the initial grant, thus creating a 13-year “termination window.” Section 304 grants of pre-1978 copyrights may be terminated during a five-year period beginning 56 years after the grant. Under Section 304, the author must serve notice in advance, between ten and two years before the termination date.

Source: Paul McCartney chants ‘Get Back’ again – The Future of Copyright Termination | Hogan Lovells – JDSupra