License Termination for Copyright

Termination of Exclusive Licenses

Exclusive licenses have specific termination rules, and they terminate automatically at the earlier of two conditions:

1. 35 years from the date of publication.
2. 40 years from the time of the grant of the license.

Termination of Non-Exclusive Licenses

Termination of non-exclusive licenses can vary based on whether they are written or implied:

– Written Licenses: Written non-exclusive licenses can have various termination procedures specified in the written agreement.

– Implied Non-Exclusive Licenses: Implied non-exclusive licenses are terminable at will unless consideration (payment or something of value) is exchanged, in which case they become irrevocable.

Exceptions to Termination

Exceptions exist for certain cases, including:

– Transfers by will.
– Works made for hire.
– Grants made under other federal laws.
– Grants made under foreign laws.

Derivative Works

Regarding derivative works:

– “A derivative work prepared under the authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination.”
– However, this privilege does not extend to the preparation of other derivative works based on the copyrighted work covered by the terminated grant after its termination.

In summary, exclusive licenses have specific termination timelines, while non-exclusive licenses can have varying termination procedures. Exceptions exist for certain cases, and the utilization of derivative works under terminated grants is subject to specific rules.