notice as to any one author's share shall be signed by
that author or his or her duly authorized agent or, if that author is
dead, by the number and proportion of the owners of his or her
termination interest required under clauses (1) and (2) of this
subsection, or by their duly authorized agents.
(A) The notice shall state the effective date of the termination, which
shall fall within the five-year period specified by clause (3) of this
subsection, or, in the case of a termination under subsection (d),
within the five-year period specified by subsection (d)(2), and the
notice shall be served not less than two or more than ten years before
that date. A copy of the notice shall be recorded in the Copyright
Office before the effective date of termination, as a condition to its
taking effect.
(B) The notice shall comply, in form, content, and manner of service,
with requirements that the Register of Copyrights shall prescribe by
regulation.
(5) Termination of the grant may be effected notwithstanding any
agreement to the contrary, including an agreement to make a will or to
make any future grant.
(6) In the case of a grant executed by a person or persons other than
the author, all rights under this title that were covered by the
terminated grant revert, upon the effective date of termination, to all
of those entitled to terminate the grant under clause (1) of this
subsection. In the case of a grant executed by one or more of the
authors of the work, all of a particular author's rights under this
title that were covered by the terminated grant revert, upon the
effective date of termination, to that author or, if that author is
dead, to the persons owning his or her termination interest under clause
(2) of this subsection, including those owners who did not join in
signing the notice of termination under clause (4) of this subsection.
In all cases the reversion of rights is subject to the following
limitations:
(A) A derivative work prepared under authority of the grant before its
termination may continue to be utilized under the terms of the grant
after its termination, but this privilege does not extend to the
preparation after the termination of other derivative works based upon
the copyrighted work covered by the terminated grant.
(B) The future rights that will revert upon termination of the grant
become vested on the date the notice of termination has been served as
provided by clause (4) of this subsect
|