Copyright Reversion
The law that allowed copyright reversion to a work's original authors came into being as part of a package of copyright reform laws passed in 1978. It called for a five-year window to open up whenever a copyright was renewed or extended that would allow a property's creator to take action to regain the copyright. According to copyright attorneys, the philosophy behind this law was that creators often sold properties before the properties' true value could be anticipated. The copyright reversion law allows creators or heirs to renegotiate such deals at the time of a copyright's extension, when the value of a property has made itself known.
Before the new law, copyrights had a term of 28 years and could be extended for an additional 28 for a total potential term of 56 years. The changes in 1978 included an addition of 19 more years to the allowed extensions for a total potential copyright life of 75 years. Last year, pressure from longtime copyright-holding companies like Disney succeeded in getting the limit for corporate copyrights extended for another 39 years. For copyrights held by individuals or their heirs, the limit is 50 years from the death of the author.
The 1978 extension meant that DC's copyright, which reached its 56th year in 1994, was allowed to be extended another 19 years, or 75 years from the publication of Action Comics #1. Authors and their families objected that there was little point in having a series of renewals if corporations were going to be automatically granted extensions without any opportunity for the authors to terminate the original copyright transfer. Hence, the 1978 law allowing a five-year period for authors to terminate copyright transfers at each renewal juncture.
Superman Returns? How Superman’s Creators Recovered A Copyright And How You Can Too
Posted by admin on September 23, 2010 · Leave a Comment
The creators of Superman sold their copyright during the Great Depression for $130. Their heirs are now in the process of reclaiming that valuable copyright. Their tale is a graphic demonstration of the important copyright reversion rules under the Copyright Act. Under the Act, artists who sold their works many years ago are entitled to recover them, even if they signed contracts that said otherwise. This article explains the importance of these copyright reversion rights and what artists must do to reclaim the rights to their work. demonstration of the important copyright reversion rules under the Copyright Act. Under the Act, artists who sold their works many years ago are entitled to recover them, even if they signed contracts that said otherwise. This article explains the importance of these copyright reversion rights and what artists must do to reclaim the rights to their work.
During the Great Depression, Jerry Siegel and Jerome Shuster created Superman, the now-famous hero who fights to defend truth, justice, and the American Way. Siegel and Shuster then sold the Man of Steel to Detective Comics for $130. In hindsight, we can safely conclude this was not a great deal for the sellers. Indeed, only the daily workings of Congress rival such a gargantuan waste of valuable property. But Superman's creators are not alone. Artists of all kinds have found themselves in a similar position, forced to sell the copyrights in their creative works to make ends meet. Those artists should know that, as with practically all superhero tales, the Superman story has a happy ending. And theirs can too.
In most walks of life, a sale, like a diamond, is forever. Absent unusual circumstances, if you sell your car, it is gone. You have no more right to it, and you never will. Most authors of copyrighted works be they musicians, artists, authors or architects probably assume that the same rules apply to their copyright: once assigned, the copyright is gone forever.
It is not. The Copyright Act, in provisions that are virtually unique in all of American law, allow the author of a copyrighted work can reclaim his or her copyright many decades later by jumping through the right legal hoops at just the right time. Because of these reversion provisions, Mr. Siegel's heirs are in the process of reclaiming the Superman copyright, a process that will result in the multimillion dollar transfer of wealth from Warner Brothers to them. All other authors of valuable copyrighted material-and the heirs of such authors-should pay attention to their story.
The copyright reversion rules under the Copyright Act are complicated, and it is likely impossible in a short article to turn a lay person into an expert. In light of the complexity of the process and the consequences of failure, it makes very little sense for most copyright authors to try and reclaim copyrights on their own. Legal help is almost certainly required.
But when should a copyright author who assigned his or her work seek legal counsel to start the process? The answer depends on when the copyrighted work was first created. For all copyrighted works created before January 1, 1978, the Copyright Act of 1909 provides the ground rules. Originally, copyrights under the 1909 Act lasted 28 years. (Was that it in the beginning, or was there always a 28-year renewal term?) At the end of the 28 years, the copyright ended, and the material was freely available to the public. Congress has added to a copyright's life expectancy on multiple occasions since then, and these days a copyright under the 1909 Act can last up to 95 years. The right to terminate an assignment and reclaim a copyright under the 1909 Act can occur after the first 28 years, at the end of 56 years, or at the end of 75 years.
The rules are different for copyrighted works created after January 1, 1978, because the Copyright Act of 1976 applies. Under the 1976 Act, the copyright lasts for the life of the author plus 70 years. And a copyright assignment can be terminated-and the copyright reclaimed-after 35 years. This means, of course, that the earliest copyright reversions under the 1976 Act will begin in 2013. Copyright authors like Paul McCartney and Elton John are-or at least should be-preparing to reclaim their rights. The current owners of their copyrights are no doubt planning their strategies to hang on.
Two other points are worth noting. First, the copyright reversion right is non-waivable. In other words, even if the copyright author agreed to give up his or her reversion rights, those rights still exist. The usual rules of contract law do not apply. Nor do the usual rules regarding probate. A copyright assigned through a will is not lost forever. The heirs of the dead copyright author-the very people the copyright author apparently did not want to have the copyright-are entitled to reclaim it anyway.
Second, and finally, copyright authors should not wait until the last minute to begin the process of reclaiming their property. The Copyright Act requires authors to give notice before the reversion occurs, and the notice period begins years before the copyright reversion can be seized. Moreover, legal counsel might require some time to investigate and prepare your case, so waiting until the last second could potentially prejudice your rights.
As anybody who has watched the Superman movies knows, Superman always comes back. He certainly has come back to the heirs of those who created him. And if you or a relative created a valuable copyrighted work, you may find that your creation can return as well.
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Chris Arledge, a partner in the law firm Turner Green Afrasiabi & Arledge LLP, specializes in copyright, trademark and patent disputes. You can learn more about Chris at www.turnergreen.com
