Copyright Reversion
As older music catalogs continue growing in value through streaming, film, TV, and social media, copyright reversion has become a major topic for songwriters, artists, labels, and publishers alike.
Under the 1909 Copyright Act, authors had limited ways to regain control of transferred copyrights. However, the Copyright Act of 1976 introduced termination rights under Sections 203 and 304 of U.S. copyright law.
For many copyrights transferred after January 1, 1978, creators may be able to terminate those transfers and reclaim ownership beginning about 35 years after the agreement was signed.
It’s important to note that reversion is not automatic. Strict notice deadlines and filing requirements through the U.S. Copyright Office must be followed carefully. The termination window is 5 years long, but the notice must be served 2 to 10 years before the specific termination date you choose.
For example, if a copyright grant was signed on January 1, 1990, the termination date would have to be between 1/1/2025 and 1/1/2030. With this, the termination notice date could be as early as 1/1/2015 (10 years before the earliest date) and as late as 1/1/2028 (2 years before the latest date)
While these rights apply clearer toward musical compositions, sound recordings are more complicated.
It has long been argued that recordings created under recording agreements qualify as works made for hire, meaning the label permanently owns the copyright. Many artists and attorneys have challenged this interpretation, arguing that some recordings may not legally meet the requirements for work made for hire status.
Because of this, whether a sound recording qualifies for copyright reversion often depends on the agreement language, recording date, and legal interpretation. As more recordings from the late 1980s and 1990s approach eligibility windows, copyright reversion continues to shape negotiations between artists, labels, and publishers.
Copyright reversion gives creators a second chance to control and benefit from their music.
Because the rules can be complicated, artists should understand their agreements and speak with experienced music attorneys before taking action.
