Document Type
Article
Publication Date
Fall 2022
Abstract
This article examines the unintended consequences of the copyright termination provisions under the Copyright Act of 1976, focusing specifically on the restrictive five-year termination window set forth in 17 U.S.C. § 203(a)(3). While Congress intended termination rights to rebalance bargaining power between authors and corporate transferees—particularly in industries such as music publishing and recording—the statutory framework has, in practice, imposed procedural burdens that frequently operate to the detriment of creators. Through historical analysis of U.S. copyright law, including the bifurcated renewal structure of earlier statutes and the legislative development of modern termination rights, the article argues that § 203’s rigid timing and notice requirements undermine the remedial purpose of recapture rights. The five-year exercise window, combined with complex notice and recordation rules, often penalizes uninformed or under-resourced authors, effectively transforming a protective mechanism into a punitive barrier. The article concludes by proposing statutory reforms aimed at restoring Congress’s original intent: ensuring meaningful recapture opportunities for creators while preserving stability in copyright transactions.
Recommended Citation
Loren E. Mulraine, Unintended Repercussions: Copyright Termination and the Punitive Effect of Sec. 203(A)(3) on the Rights of Creators, 22 UIC Rev. Intell. Prop. L. 22 (Fall 2022).
