Readers familiar with Authors Alliance’s work will know that we offer a suite of resources to help authors get back the rights to their works, including information on how to revert rights by exercising a contractual provision or through negotiating with a publisher and resources on how to terminate a transfer of copyrights under U.S. law. Authors who get their rights back can increase their works’ availability and reach more readers by making an out-of-print book more widely available, releasing their work in a more affordable format or under an open access license, or re-packaging and releasing books with a new look and feel.
In today’s post, we’ve gathered some resources about the concepts of rights reversion and termination. Whether you are a rights back newbie or a reversion and termination aficionado, we think you’ll learn something new by digging into these resources.
Reversion & Termination Basics
Reversion can be a powerful tool for authors, but many authors do not know where to start. A right of reversion is a contractual provision that permits authors to work with their publishers to regain some or all of the rights in their books when certain conditions are met. But authors may also be able to revert rights even if they have not met the triggering conditions in their contract, or if their contracts do not have a reversion clause at all. Our guide to Understanding Rights Reversion arms authors with the information and strategies they need to get their rights back and give their books a new life. We also provide templates and guidance on how to craft a persuasive rights reversion request letter.
Termination of Transfer
In the United States, termination of transfer laws enable authors to regain rights in their works that might have been signed away—even if their contracts contain language prohibiting it. To learn more about termination of transfer and how to evaluate whether a work is eligible for termination under U.S. law, authors can explore the Termination of Transfer Tool, which we developed in partnership with Creative Commons. Authors can also refer to Authors Alliance’s guidance and templates for how to provide notice of termination to rightsholders and record the termination with the U.S. Copyright Office.
A Deeper Dive
Reversion of Copyright in Europe
Assembling three contributions from a special section of the European Intellectual Property Review, this paper examines the topic of rights reversion in the context of the adoption of the Directive on Copyright in the Digital Single Market (2019), which introduced a new right of revocation to the EU copyright framework entitling authors and performers to reclaim rights in their works when they are not being exploited (a “use-it-or-lose-it” principle). Included is an article by Ula Furgal which explains that there is a lack of understanding what “sufficient exploitation” means, especially in the digital context, which should be addressed when implementing the revocation right. Also included is an article by Elena Cooper which argues that the common law tradition of freedom of contract is compatible with constraints on contractual transfers, and that U.K. reversion provisions historically were a direct response to the significant increase in the copyright term in 1911.
Foreign Contracts and U.S. Copyright Termination Rights: What Law Applies?
Judge Richard Arnold and Professor Jane Ginsburg discuss the choice of law issues that arise when agreements which are subject to the laws of other countries assign U.S. copyrights and purport to do so in perpetuity. Arnold and Ginsburg examine the question of what law governs the permissible scope of an author’s grant in light of U.S. law’s inalienable termination rights. Using the recent U.S. and English cases, Ennio Morricone Music Inc. v. Bixio Music Group Ltd. and Gloucester Place Music Ltd v. Le Bon, to illustrate the problem, the authors conclude that U.S. termination rights cannot be overridden by a contract subject to a different law.
Making Sense of the Termination Right: How the System Fails Artists and How to Fix It
A report by Public Knowledge demonstrates how the termination right is failing to protect the very creators that termination was designed to serve. The report critiques the complex eligibility, timing, and filing formalities for termination, which are exacerbated by ambiguities in the law and its application. On top of the onerous procedural requirements, the report highlights power asymmetries governing the negotiation, assignment, and reversion of ownership rights that also harm authors—particularly creators of color—who seek to exercise their termination rights. The report recommends six policy actions to help restore fairness and functionality to termination of transfer rights.
Author’s Interest Project: Preliminary Findings on Benefits of Copyright Reversion
Preliminary findings from the Author’s Interest project suggest that granting authors minimum reversion rights would open new economic opportunities for authors and publishers and help promote ongoing availability to the public. The research suggests that there is a need to investigate minimum reversion rights addressing books that have reached the end of their commercial life, uses that are not being exploited, situations where publishers go into liquidation, and term limits akin to U.S. termination of transfer laws.