Intellectual Property
Mar. 15, 2024
Artists beware: Royalty arrangements likely not terminable under Copyright Act
The Copyright Act’s termination right does not undo royalty agreements, creating an emerging trend that allows authors and their heirs to regain previously transferred copyrights once they have proven valuable. However, the decisional law in this area is still in its infancy.
Kyle P. O’Malley
Associate, Phillips, Erlewine, Given & Carlin LLP
Imagine you recorded your first album forty years ago. Under the terms of your original deal with your record label, you aren’t seeing much in the way of income from the sales or exploitation of that album. That’s because, at the time you made your deal, there was no guarantee that your first album would be a hit. So, the deal terms weren’t especially favorable to you. But the album was, in fact, a hit. The record label sold millions of copies, and the recordings on t...