The Witching Hour of Copyright Grant Termination

35 years is a special time for copyrights created after 1978. A right emerges from lurking in the shadows. Importantly, that right can transfer to whoever inherits your original copyright rights.

This copyright jump scare is the termination provision in the 1976 Copyright Act that allows creators who transferred their copyright rights to someone else to reclaim those rights, even if they were assigned permanently. This is how Friday the 13th screenwriter Victor Miller successfully reclaimed his rights to the original script! I talked more about that in an episode a couple of years ago.

Thirty-five years after the transfer, and for a period of five years after that, the creator, or their heirs, can reclaim their copyright rights.

There are some strict rules to follow. Notice to the grantee and the Copyright Office of the intent to revert the rights must be in writing and must be made no more than 10 years before the 35-year period starts and no more than two years before the five-year reversion rights period ends.

This reversion opportunity doesn’t apply to works for hire or transfers of rights made through a will.

Even if you bought a creator’s work “forever,” they, or their legal heirs, can get a mandatory second bite at the apple.