A View From Across the Pond: Duran Duran's Termination Rights Under The U.S. Copyright Act Come Undone By British High Court Rulings [1]

A PRIMER ON TERMINATIONS RIGHTS UNDER THE U.S. COPYRIGHT ACT To counter the effects of a significant increase in the length of copyright under U.S. law, the U.S. Copyright Act provides for authors to enjoy the right to terminate copyright grants or licenses made before January 1, 1978, 17 U.S.C. § 3...

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Bibliographic Details
Published inThe Entertainment and Sports Lawyer Vol. 33; no. 2; p. 1
Main Authors Freundlich, Kenneth D, Kaiser, Michael J
Format Trade Publication Article
LanguageEnglish
Published Chicago American Bar Association 01.01.2017
Subjects
Agreements
Choice of law
Contract negotiations
Federal court decisions
Grants
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Summary:A PRIMER ON TERMINATIONS RIGHTS UNDER THE U.S. COPYRIGHT ACT To counter the effects of a significant increase in the length of copyright under U.S. law, the U.S. Copyright Act provides for authors to enjoy the right to terminate copyright grants or licenses made before January 1, 1978, 17 U.S.C. § 304(c), or after that date, id. § 203(a), the latter during the 35th-40th years after such grant or license.^1 This struck a careful balance such that authors would get the benefit of the lengthened period of copyright as opposed to the publishing companies or other grantees/licensees. [...]the High Court found that British common law choice-of-law principles also required the application of British substantive law because, like Article 5(2) of the Berne Convention, British common law provides that the choice-of-law governing assignability of copyright is "the law under which that copyright was created" (also known as the principle of lex loci protections), which here was Duran Duran's domicile, the United Kingdom.
ISSN:0732-1880