Copyright Termination and Recapture Laws: Good Intentions Gone Awry

"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.