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This column is not sexy or funny, but it's really important if you represent older authors or the families of deceased authors. And even if you don't now, you may one day and when you do, you will need to know that authors and their heirs very often have the ability to terminate a transfer of copyright ownership and take back the copyright. When the 1976 Copyright Act was enacted by Congress it was determined to give authors, or their heirs, a chance to recapture the ownership of copyrights previously transferred; a second bite of the apple, so to speak. This means that if a copyrighted work originally sold for a pittance and later became famous and valuable, the author could reclaim the work and resell or license it for a price representative of its current value.
...- Any transfer of copyright ownership or other document pertaining to a copyright may be...
... Judge: This case concerns a copyright infringement action brought by Saregama India Ltd.... it, in March 1995, Gramophone transferred all of its copyrights to Gramco Music Publishing P..., we only address the copyright ownership issue. . “Initial ownership of a copyright...
...Transfer of ownership of any material object, including the...
...(2) With respect to a transfer of copyright ownership or other document submitted...
...In the absence of an express transfer of the copyright or of any rights under it, the ow...
Introduction I. Rodrigue v. Rodrigue II. Supreme Court Preemption of Community Property Laws A. Hisquierdo v. Hisquierdo B. Mccarty v. Mccarty C. The Dissenting Opinions D. Congressional Reaction and Observation III. Calming The Fears of Intellectual Property Scholars A. Transfer of Copyright Ownership. B. Co-Ownership and Marketability IV. Application of Hisquierdo's Two-Part Test A. Whether the Right as Asserted Conflicts with the Express Terms of Federal Law B. Whether its Consequences Sufficiently Injure the Objectives of the Federal Program to Require Non-recognition V. The Problem of Valuation VI. Conclusion
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