Copyright Termination and Recapture Laws Good Intentions Gone Awry

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  • Format: Paperback
  • Copyright: 2018-08-07
  • Publisher: American Bar Association
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“Art is in the eye of the beholder, but the protection of the rights of artists and other creators is in the eye of the legislator.”

Focusing on both policy and practice, Copyright Termination and Recapture Laws describes the policy and legislative evolution of protecting the interest of artists and other creators through copyright protection, first via a two-term system and then via a termination and re-capture system under the 1976 Copyright Act. The only book focused on this important topic for creators and their attorneys, it provides thoughtful guidance on how practitioners can create, submit, and effectively prosecute termination requests under current law.

Part I covers the policy issues, addressing the ways the law attempted to address the unequal bargaining power authors have had with respect to their rights to their work, and explanations of the “work for hire” doctrine and its applications, as well as the complex issues involved with works created by independent contractors.

Practical guidance forms Part II, examining the issues that arise for practitioners presented with clients who wish to make a claim to terminate a grant of copyright under the 1976 Act Sections of the law, covering all stages of the process, from initial client meetings to the preparation and service of a claim.

Author Biography

Marc H. Greenberg is a Professor of Law and the founding Director of the Intellectual Property Law Center and Program at Golden Gate University School of Law in San Francisco. Previously, Professor Greenberg practiced IP, entertainment, and business law, in both transactional work as well as litigation, in several firms in Northern California.

Table of Contents

Part One – Policy

Chapter1: Unequal Bargaining Power—Congress Recognizes the Plight of New Creators
Chapter 2: The Copyright Act of 1909—The System of Two Twenty-Eight–Year Terms—Giving Creators a Second "Bite at the Apple"
Chapter 3: Fisher v. Witmark—The Supreme Court Unravels the System
Chapter 4: Congress Tries Again—The Legislative History of the Termination Grant and Work Made for Hire Sections of the Copyright Act of 1976
Chapter 5: The Exception to Termination Rights—The Work for Hire Doctrine—An Overview
Chapter 6: Applying the Work for Hire Doctrine to the Traditional Employer-Employee Relationship—Does a Contract Matter?
Chapter 7: Applying the Work for Hire Doctrine to the Employer-Independent Contractor Relationship

Part Two – Practice

Chapter 8: Preparing the Termination Claim under Section 304
Chapter 9: Preparing the Termination Claim under Section 203
Chapter 10: The Copyright Reform Movement -- Proposals for Changes in the Termination Sections—Concluding Remarks

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