It is not often you get a chance to undo the mistakes of your youth. If you are a musician who signed away the rights to your songs in publishing or record deals in the late 1980s or early 1990s, now is the time to get those rights back.
Under the U.S. Copyright Act, authors have an opportunity to terminate licenses and assignments made to third parties during a five-year window starting either 35 years after the grant’s execution or 40 years after execution if the grant covers publication rights. Prior to reclaiming your copyrights, however, you need to file timely notice of the intent to terminate. The notice must be served between two and 10 years in advance. We will do the math for you:
- Authors who assigned works to third parties in 1987 must serve termination notice by December 31, 2025.
- Works assigned between 1988 and 1992 are eligible for termination starting January 1, 2026 (given you already provided timely notice).
- Authors who assigned works in 2001 can begin sending termination notices on January 1, 2026.
Your Intellectual Property Has Value
Getting your intellectual property back isn’t just about ownership, it is about negotiating leverage and unlocking new revenue opportunities. Once you’ve successfully terminated a copyright assignment, you’re free to enter into new deals with new partners who may offer significantly more favorable terms, higher royalty rates, and better promotional support than what was available decades ago. Moreover, the threat of termination often motivates current copyright holders to come to the table with substantially improved offers, as they recognize the value of retaining rights to proven catalogs.
Reclaim Your Rights
Termination notice is more complex than just sending a letter. The notice itself must meet exacting legal standards, including specific language, proper identification of all parties, exact description of the works being terminated, and compliance with federal filing requirements. A single error in the notice can invalidate the entire termination attempt, and once that window is closed, the opportunity to terminate is gone forever.
Now is the time to ensure you do not forfeit these valuable rights.
