• If the author conveyed the right of publication, the termination period begins thirty- five years after the date that the work was published under the grant or forty years after the date that the grant was executed, whichever is earlier.
17 U.S.C. § 203 (a) (3). The method for calculating the beginning and ending of the termination period is discussed in more detail in Sections 2310.3(C)(1) and 2310.3(C)(2) below.
In all cases, the author or the author's heirs (if the author is deceased) must comply with the following requirements in order to terminate a grant under Section 203:
• Select an effective date of termination that falls within the five-year termination period;
• Serve a notice of termination on the grantee or the grantee's successor in title not less than two years and not more than ten years before the effective date of termination; and
• Record the notice with the U.S. Copyright Office before the effective date of termination.
17 U.S.C. § 203(a)(4).
If the terminating party selects an effective date that does not fall within the five-year termination period, fails to serve the notice in a timely manner, or fails to record the notice with the Office before the effective date, the termination will be invalid.
2310.3(C)(1) Terminating a Grant That Does Not Convey the Right of Publication
If the author did not convey the right to publish his or her work, then the beginning and ending of the termination period is based on the month, day, and year that the grant was executed. Specifically, the termination period begins thirty- five years after the date that the grant was executed, and it ends forty years after the date of execution. 17 U.S.C. § 203(a)(3).
NOTE: The beginning and the end of the termination period are not based on the beginning or end of the calendar year, unless the date of execution happens to fall on January 1st or December 31st.
Example:
• On September 2, 1987 the author executed a contract to produce a musical for the theatrical stage. The contract did not include the right to publish the work. The grant may be terminated between September 2, 2022 (thirty-five years from the date of execution) and September 2, 2027 (forty years from the date of execution). If the author decides to make the termination effective on September 2, 2022 (which is the earliest possible date that the grant may be terminated), the notice may be served as early as September 2,
Chapter 2300 : 48
12/22/2014
