Most book publishing contracts indicate that the publisher will sell and market the book author’s work for the full term of the work’s copyright, i.e., the life of the author plus seventy years. But as of January 1, 1978, the Copyright Act created a catch that the publisher’s contract never includes—17 U.S.C. §203, Termination of Transfers and Licenses Granted by the Author.
Under Section 203, any publisher’s right to publication and licensing may be terminated after thirty-five years. This provides the author with the opportunity to seek a better publishing agreement or pursue other opportunities for the work. But to achieve this, the book author must be prepared to act long before the thirty-fifth year.
First, the book author’s copyright must be registered. Second, the book author must initiate the notice process between the tenth and eighth year preceding the thirty-fifth year, all of which is outlined under Section 203. Third, the publisher must receive notice of a termination date between the thirty-fifth and fortieth year.
Obviously, not every book author may survive for thirty-five years following publication of their work. Section 203 allows surviving spouses, children, or administrators to also exercise this one-time termination right in order to benefit the current copyright holder.
Be aware that what is described here amounts to the most basic aspects of Section 203. There are a number of qualifications the book author, heirs, or other eligible third parties must satisfy to effectuate termination. Not surprisingly, anyone who could benefit from termination may want to engage a literary lawyer or intellectual property attorney in order to implement Section 203.
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