💡✍️ADN #107: Reclaiming Copyrights: What Every Songwriter Needs to Know
Dec 08, 2024Today’s ADN is going deep into a little-known law surrounding copyrights.
Typically, we explore artist development tips and tricks.
This is more in the weeds than usual, but it is an incredibly valuable tool for songwriters to reclaim ownership of their works, and it feels important to share.
Let’s dive in!
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If you’re a songwriter with works published after 1978, U.S. copyright law gives you a powerful tool:
The ability to reclaim ownership of your copyrights.
This is your chance to regain control over your songs and potentially open new revenue streams.
Here’s what you need to know to take action.
The Basics of Copyright Termination
Under the U.S. Copyright Act, songwriters can terminate prior transfers of their copyrights (e.g., publishing deals) starting 35 years after the transfer or publication of the work.
This applies to most works published after January 1, 1978.
The law recognizes that creators deserve a second chance to own their work, even if they signed away rights in their early career.
However, the process requires careful planning, as it’s time-sensitive.
The Timing Window
To terminate a copyright transfer, notice must be given 2 to 10 years before the effective termination date.
This creates a specific timeline:
• 35 years after publication: The window to reclaim begins.
• Notice period: You must notify the copyright holder between 25 and 38 years after publication or transfer.
• Termination date: The effective date of termination falls exactly 35 years after the original transfer or publication.
Example Timeline:
• Song published: 1989
• Termination eligible: 2024 (1989 + 35 years)
• Notice period: 2014–2022 (2–10 years before 2024)
If you miss the notice window, you lose the opportunity to reclaim the copyright.
How to Take Action
1. Identify Eligible Songs: Review your catalog for songs published or transferred after 1978. Look for original contracts or publishing agreements to confirm the transfer dates.
2. Calculate the Termination Timeline: Determine the 35-year mark for each song and ensure you are within the 25- to 38-year notice window.
3. Send Proper Notice: Copyright termination requires formal, written notice sent to the current rights holder. This must include specific details about the work, the original transfer, and the effective termination date. A copyright attorney can ensure your notice complies with legal requirements.
4. File with the Copyright Office: To formalize the process, file your notice with the U.S. Copyright Office. This step adds an official record to protect your claim.
Why This Matters
For songwriters, this is a unique chance to regain ownership of valuable works and renegotiate deals.
With the rise of streaming and new licensing opportunities, owning your copyrights can lead to significant financial gains.
Don’t Wait
If you have songs approaching their 35-year mark, now is the time to act. Missing the notice window means forfeiting your right to reclaim your copyright.
Consult a music attorney to guide you through the process and protect your creative legacy.
Ready to reclaim your copyrights? Take inventory of your catalog and act before the window closes — your future royalties are worth it.
Here are some useful websites and resources for songwriters looking to navigate copyright termination:
1. U.S. Copyright Office
• The official site of the U.S. Copyright Office offers detailed guidelines on termination rights, including forms, filing instructions, and examples of termination notices.
• Key Resource: Termination of Transfers and Licenses (Section 203 of the Copyright Act).
2. Music Modernization Act (MMA) Resources
https://www.copyright.gov/music-modernization/
• For additional context on how copyright laws have evolved and how they apply to music creators.
3. Future of Music Coalition
• A nonprofit organization that advocates for artists’ rights. They provide valuable resources on copyright, licensing, and how to protect your music.
4. ASCAP and BMI
• Both ASCAP and BMI offer guidance to their members on copyrights, royalties, and reclaiming rights. Check their blogs or contact member services for help.
5. Songwriters Guild of America
https://www.songwritersguild.com
• Provides legal advice and resources for songwriters, including assistance with copyright termination.
6. Copyright Termination Calculator
https://legacyworkscopyright.com
• A simple tool that helps calculate the termination timeline for your works. Enter the publication or transfer date, and it generates your eligibility dates for notice and termination.
7. Artists Rights Alliance
• A collective advocating for creators. They offer resources and campaigns to help protect artists’ rights, including copyright recapture.
8. National Music Publishers’ Association (NMPA)
• Focused on music publishers but also supports songwriters. They provide legal updates and tips on managing copyrights.
Using these sites can help you navigate the process of reclaiming copyrights effectively.
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I hope this is helpful.
See you again next Sunday -
Neil