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17 U.S.C. § 203 — Termination of transfers and licenses granted by the author
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions for Termination.—** In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:
(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest.
(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:
(A) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.
(B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.
(C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according
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Source file: Laws/federal/codes/united-states-code/title-17/section-203-termination-of-transfers-and-licenses-granted-by-the-author--c77fb9c990.md
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Source location: Title 17, Chapter 2, § 203; chapter-002-copyright-ownership-and-transfer.md
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**(a) Conditions for Termination.—** In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:
(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest.
(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:
(A) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.
(B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.
(C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author’s children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.
(D) In the event that the author’s widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author’s entire termination interest.
(3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.
(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee’s successor in title.
(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.
(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.
(5) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.
**(b) Effect of Termination.—** Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination under clause (4) of subsection (a), but with the following limitations:
(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.
(2) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a).
(3) Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person’s legal representatives, legatees, or heirs at law represent him or her for purposes of this clause.
(4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee’s successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).
(5) Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.
(6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Copyrights in Their First Term on January 1, 1978.—**
(1)
(A) Any copyright, the first term of which is subsisting on January 1, 1978, shall endure for 28 years from the date it was originally secured.
(B) In the case of—
(i) any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or
(ii) any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire,
the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of 67 years.
(C) In the case of any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work—
(i) the author of such work, if the author is still living,
(ii) the widow, widower, or children of the author, if the author is not living,
(iii) the author’s executors, if such author, widow, widower, or children are not living, or
(iv) the author’s next of kin, in the absence of a will of the author,
shall be entitled to a renewal and extension of the copyright in such work for a further term of 67 years.
(2)
(A) At the expiration of the original term of copyright in a work specified in paragraph (1)(B) of this subsection, the copyright shall endure for a renewed and extended further term of 67 years, which—
(i) if an application to register a claim to such further term has been made to the Copyright Office within 1 year before the expiration of the original term of copyright, and the claim is registered, shall vest, upon the beginning of such further term, in the proprietor
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Use and Register Intellectual Property.—** The American Battle Monuments Commission may—
(1) adopt, use, register, and license trademarks, service marks, and other marks;
(2) obtain, use, register, and license the use of copyrights consistent with [section 105 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section105&num=0&edition=prelim);
(3) obtain, use, and license patents; and
(4) accept gifts of marks, copyrights, patents, and licenses for use by the Commission.
**(b) Authority To Grant Licenses.—** The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to the extent the grant of such license by the Commission would be contrary to any contract or license by which the use of the mark, copyright, or patent was obtained.
**(c) Enforcement Authority.—** The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents.
**(d) Legal Representation.—** The Attorney General shall furnish the Commission with such legal representation as the Commission may require under subsection (c). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office.
**(e) Irrevocability of Transfers of Copyrights to Commission.—** [Section 203 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section203&num=0&edition=prelim) shall not apply to any copyright transferred in any manner to the Commission.
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Federal law — U.S. Code and appendices · legal_authorities
Page 135
TITLE 17—COPYRIGHTS
§ 203
alienation, or hypothecation,’’ including assignments,
mortgages, and exclusive licenses, but not including
nonexclusive licenses. Representatives of motion pic-
ture producers have argued that foreclosures of copy-
right mortgages should not be left to varying State
laws, and that the statute should establish a Federal
foreclosure system. However, the benefits of such a sys-
tem would be of very limited application, and would
not justify the complicated statutory and procedural
requirements that would have to be established.
Clause (2) of subsection (d) contains the first explicit
statutory recognition of the principle of divisibility of
copyright in our law. This provision, which has long
been sought by authors and their representatives, and
which has attracted wide support from other groups,
means that any of the exclusive rights that go to make
up a copyright, including those enumerated in section
106 and any subdivision of them, can be transferred and
owned separately. The definition of ‘‘transfer of copy-
right ownership’’ in section 101 makes clear that the
principle of divisibility applies whether or not the
transfer is ‘‘limited in time or place of effect,’’ and an-
other definition in the same section provides that the
term ‘‘copyright owner,’’ with respect to any one exclu-
sive right, refers to the owner of that particular right.
The last sentence of section 201(d)(2) adds that the
owner, with respect to the particular exclusive right he
or she owns, is entitled ‘‘to all of the protection and
remedies accorded to the copyright owner by this
title.’’ It is thus clear, for example, that a local broad-
casting station holding an exclusive license to transmit
a particular work within a particular geograp
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