Many times authors early in their careers will transfer their copyrights to publishers in order to have their works published. There are many reasons for doing this, but most often in academe the decision to transfer copyright in exchange for having the work published revolves around promotion and tenure. Congress recognized that there is unequal bargaining power in such a situation and added a section to the U.S. Copyright law which allows authors under certain conditions to reclaim their copyright from the publish.

Criteria

For transfers of copyright that have been made by authors on or after January 1, 1978:

• Termination must occur either 35 years from publication or 40 years from the date of assignment of copyright to a publisher.
• Termination must occur within a 5 year period or the reversion right is forfeited.
• Termination notice must be served on copyright holder no later than 2 years before time expires and up to 10 years before beginning of 5 year period.

Example: If the work is published in 1978, then the termination window is 2013-2018. The notice must be submitted no later than 2016 and no earlier than 2003.

For transfers of copyright that have been made by authors prior to January 1, 1978:

• Termination must occur between 56-61 years after copyright is secured.
• Termination must occur within a 5 year period or the reversion right is forfeited.
• Termination notice must be served on copyright holder no later than 2 years before time expires and up to 10 years before beginning of 5 year period.

Example: If the copyright is secured in 1944, then the termination window is 2009-2014. The notice must be submitted no later than 2012 and no earlier than 1999.

Process

1. Review your contract.
2. Determine the appropriate termination timeline.
3. Notify publisher/copyright holder.
4. Record termination with the U.S. Copyright Office. [$95.00 for one title and $25.00 for each additional title]

Additional Resources

To read the actual wording of this law see the U.S. Copyright Law, Section 203(a) and Section 304(c).