Under the 1909 Copyright Act (the act which covered the Steinbeck agreement), an author initially registered his copyright for a 28 year period. The author could elect to extend this for another 28 years if he or she so chose. The purpose of splitting the 56 year period into two portions was to allow authors to renegotiate their contracts – Congress recognized that “that young authors frequently enter into long-term contracts with publishers when their bargaining power is weak and their prospects for success uncertain, and discover increased leverage only when they later achieve commercial success.”
The 1976 Copyright Act changed this framework by establishing one period of protection (which, for a work created today, has now been extended to 70 years after the death of the author (or post mortem auctoris)). But the new act also protected the interest of authors and successors to renegotiate their copyrights after a certain period of time. At issue in this case was the right to terminate copyright grants effective before 1978 under section 304 (grants made after 1978 are covered by a different statute, Section 203).
Here is a summary of the Termination Rights for Pre-1978 Works. This is a highly technical statute, and many important details are left out. But here is the much simplified version:
Purpose:
Congress recognized that authors are often in an unfair bargaining position early in their careers, and authors and their families the opportunity to renegotiate their works after the initial transfer of copyright.
Who Can Terminate:
(1) Author
(2) Widow/Widower
(3) Widow/Widower (1/2 Interest) + Author’s surviving children (1/2)
(4) Author’s surviving children
(5) Author’s executor, administrator, personal representative, or trustee
* The right to terminate cannot be contracted away.
When
Two Opportunities
(1) Termination of the grant may be effected at any time during a period of five years beginning at the end of fifty-six years from the date copyright was originally secured, or beginning on January 1, 1978, whichever is later. 17 U.S.C. 304(c)(3).
(2) 75 years after the copyright came into existence. 17 U.S.C. 304(d).
(a) Author or successors must not have previously exercised right.
(b) 56 year term must have expired.
Procedure
The termination shall be effected by serving an advance notice in writing upon the grantee or the grantee’s successor in title (there are many particular notice requirements that must be taken into account).
Effect
After termination, statutory heirs are free to grant rights to whomever they desire.
Termination Rights
Under the 1909 Copyright Act (the act which covered the Steinbeck agreement), an author initially registered his copyright for a 28 year period. The author could elect to extend this for another 28 years if he or she so chose. The purpose of splitting the 56 year period into two portions was to allow authors to renegotiate their contracts – Congress recognized that “that young authors frequently enter into long-term contracts with publishers when their bargaining power is weak and their prospects for success uncertain, and discover increased leverage only when they later achieve commercial success.”
The 1976 Copyright Act changed this framework by establishing one period of protection (which, for a work created today, has now been extended to 70 years after the death of the author (or post mortem auctoris)). But the new act also protected the interest of authors and successors to renegotiate their copyrights after a certain period of time. At issue in this case was the right to terminate copyright grants effective before 1978 under section 304 (grants made after 1978 are covered by a different statute, Section 203).
Here is a summary of the Termination Rights for Pre-1978 Works. This is a highly technical statute, and many important details are left out. But here is the much simplified version:
Congress recognized that authors are often in an unfair bargaining position early in their careers, and authors and their families the opportunity to renegotiate their works after the initial transfer of copyright.
Who Can Terminate:
When
Procedure
Effect