Link Search Menu Expand Document
University of Idaho Library logo with gold I

Reversion of Rights

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 Act which allows authors to reclaim their copyright from the publisher under certain conditions.

Criteria

Eligibility for terminating a grant of copyright transfer depends on several factors, including date of publication and/or transfer. Authors must also notify the copyright holder of their desire to terminate within a set window, as specified below.

  • The termination window begins 35 years after publication or 40 years after the grant was executed, whichever date occurs earlier, and remains open for 5 years. Termination rights are forfeited if not exercised within this window.
  • 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.

  • 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 2000–2005. The notice must be submitted no later than 2003 and no earlier than 1990.

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