Can I terminate a grant I signed years ago that says it is irrevocable?

Yes, if the grant falls within 17 U.S.C. § 203 (post-1978) or § 304 (pre-1978). The statute makes the termination right non-waivable — even if the contract says otherwise. The right is exercised by serving a compliant notice within the statutory window.

Who can terminate after the author has died?

The right vests in the surviving spouse and children (and grandchildren of deceased children share the child's portion). If there is no surviving spouse or children, the author's executor may exercise the right. We trace the statutory succession to confirm who must sign the notice.

Does termination apply to works made for hire?

No. Termination under §§ 203 and 304 does not apply to works made for hire. We analyze the relationship and the nine statutory work-for-hire categories to determine whether a grant is terminable or excluded.

What happens to existing licenses after a valid termination?

Under § 203(b)(1), derivative works prepared under the authority of the grant before the effective date may continue to be utilized, but the right to prepare new derivative works terminates. We advise on which existing uses survive and which must cease.

How far in advance must the notice be served?

At least 2 years and no more than 10 years before the effective termination date. Because the window is narrow and the advance-notice requirement is strict, early analysis is essential — waiting can forfeit the right entirely.

Trademark & Copyright

Recapture rights the contract said were gone forever.

Q: What is the termination window for a grant signed after January 1, 1978?

Under § 203, termination is effective during a five-year window beginning (a) 35 years after execution of the grant, or (b) 35 years after publication if publication occurred within 5 years of execution — whichever is later. Notice must be served not less than 2 years and not more than 10 years before the effective date.

A statutory right that the contract cannot waive.

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§ 203 & § 304

Statutory Termination Rights

The legal framework

Under 17 U.S.C. §§ 203 (works transferred after January 1, 1978) and 304(c)–(d) (pre-1978 grants), authors — and after death, their surviving heirs — may terminate prior grants of copyright regardless of what the contract says. Termination must be exercised within a specific five-year window and requires a formal written notice served on the grantee at least two years (but not more than ten years) before the effective date. We analyze grants, identify who holds the termination right, prepare and serve notices, and enforce recaptured rights against the former grantee.

Post-1978 Grants

Termination available during a five-year window beginning 35 years after execution of the grant (or 35 years after publication, if publication occurred within 5 years of execution). The right cannot be waived in the original contract.

17 U.S.C. § 203

Pre-1978 Grants

Termination of grants made before January 1, 1978, during a five-year window beginning 56 years after copyright was secured. Section 304(d) provides a second window for grants where the first window has not yet expired.

17 U.S.C. § 304(c)

Who Holds the Right

During the author's life, the author. After death, the right vests in the surviving spouse and children (and grandchildren of deceased children), or if none, the author's executor. We trace the statutory succession carefully.

Author · Heirs

Notice Requirements

Written notice must be served on the grantee not less than 2 years and not more than 10 years before the effective termination date. The notice must identify the grant, the work(s), the effective date, and the party(ies) terminating. We prepare compliant notices and handle service.

Advance Filing

What we handle

Termination Right Analysis

Identifying which grants are terminable, under which subsection, within which window — and who holds the right. The threshold question determines whether recapture is possible at all.

Notice Preparation & Service

Drafting termination notices that satisfy the form and content requirements of 17 U.S.C. §§ 203 and 304 and the Copyright Office regulations, recording notices with the Copyright Office, and serving the grantee.

Heir & Estate Representation

Tracing the statutory succession of termination rights after an author's death — identifying surviving spouse, children, and grandchildren — and coordinating multi-party terminations where the right is divided among heirs.

Catalog Due Diligence

For buyers of music, film, and publishing catalogs, analyzing termination exposure under §§ 203 and 304 as part of acquisition due diligence. Unaccounted termination rights can significantly affect catalog value.

Enforcement & Disputes

When a grantee refuses to honor a valid termination, we litigate recapture in federal court — defending the validity of the notice, the window, and the succession — and pursue damages for post-termination exploitation.

Works-Made-For-Hire Analysis

Termination does not apply to works made for hire. We analyze employment relationships, commission agreements, and the nine statutory work-for-hire categories to determine whether a grant is terminable or excluded.

Check your termination window

Answer a few questions about your grant, the author, and the copyright to see whether — and when — a statutory termination right may be available under 17 U.S.C. §§ 203 and 304. This tool is informational and does not constitute legal advice.

Is the work a "work for hire"?

A work made for hire is prepared by an employee within the scope of employment, or a specially commissioned work in a statutory category with a written agreement.

Trademark & Copyright

Congress built a right that the contract cannot waive. Our job is to find the window, find the party who holds the right, and serve the notice — and then to enforce it if the grantee refuses to honor it.

— Michael A. Johnson, Shareholder

How we work

Shareholder-led from intake. Counsel that moves as fast as the matter requires — and prepares for the resolution that may never require a courtroom.

Grant Analysis

We review the original grant instrument — assignment, license, publishing agreement — and determine which subsection applies, whether the work qualifies, and whether work-for-hire doctrine excludes termination.

Window & Succession Strategy

We map the termination window and the statutory succession of the right, confirming which heirs or executors must join the notice and when the window opens and closes.

Notice Preparation

We draft a compliant termination notice, identify the works and effective date with precision, and confirm service requirements are met — two to ten years in advance of the effective date.

Service, Recording & Enforcement

We serve the grantee, record the notice with the U.S. Copyright Office, and — if the grantee disputes the termination — enforce recapture in federal court.

Representative results

Outcomes in this area. Every result depends on its facts; past results do not guarantee a similar outcome.

Recapture

Full Catalog

Represented the heirs of a songwriter in terminating grants covering a catalog of compositions recorded under pre-1978 agreements, recapturing rights that had generated seven-figure annual royalties for the grantee.

17 U.S.C. § 304(c) · 2025

Appellate Win

Affirmed

Summary judgment affirmed on appeal in a copyright recapture case — the Sixth Circuit confirmed proper termination of a pre-1978 grant and rejected the grantee's work-for-hire defense.

6th Cir. · 2023

Pre-Suit Resolution

Notice Honored

Served a § 203 termination notice on a publisher; the grantee acknowledged recapture and negotiated a new license on terms favorable to the author without litigation.

Confidential · 2026

All results