Termination of Transfers
Copyrights that have been transferred or assigned can be recaptured by their original owners. Transfers of copyrights can be terminated after thirty-five years if the original owner serves written notice on the transferee within a five-year period beginning at the end of the thirty-fifth year. The process is somewhat complex, but if the appropriate documents and notices are filed, the original copyright reverts to its owner. After a notice of termination is given, the parties often renegotiate the transfer.
| WHEREAS William T. Taylor, an individual residing at 110 Elm Street, Phoenix, Arizona 22909 (''Assignor''), is the owner of all right, title, and interest in and to the copyright for the literary work known as The Storm, and copyright registration TX-180-792 there for (the ''Work''), and desires to assign the Work as hereinafter described; |
| WHEREAS Susan N. Nelson, an individual residing at 1010 Second Avenue, San Diego, California 92110 (''Assignee''), desires to acquire the Work and all rights thereto. |
| NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby irrevocably transfers and assigns all right, title, and interest in and to the Work throughout the world to Assignee. |
| Assignor represents and warrants that he created the Work independently, that no other party has any right, interest, or title in or to the Work, that he has the legal right to assign the Work to Assignee and that such assignment does not infringe the rights of any other party. Assignor further represents and warrants that there are no pending claims or actions relating to the Work. |
| Assignee shall have the right to file appropriate documents with the U.S. Copyright Office to ensure that title to and ownership of the Work are registered in Assignee's name, and Assignor shall cooperate with Assignee with regard thereto. Assignee shall have the right to sue for and retain all damages for any past, present, or future infringements of the Work. |
| This Assignment shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. |
| Executed this 30th day of November, 2000, at Phoenix, Arizona. |
| ___________________________________ |
| William T. Taylor |
These provisions allowing the termination of earlier transfers contradict all other principles of contract law. When a person sells a house, stock, or jewelry, he or she does not have a right to recapture the sold item. Once a sale is made, it generally cannot later be set aside, except in extraordinary circumstances, such as those involving fraud. The theory underlying the unusual law allowing copyright owners to later recapture their works is that copyright owners (especially musicians and other performers and artists) often sell their copyrights in their early, struggling years, before they understand the value of the copyrights. The ability to terminate an earlier transfer is an effort to level the playing field. Works made for hire are not subject to rights of termination.