| ators of Superman sold their copyright during the | | | | for most copyright authors to try and reclaim |
| Great Depression for $130. Their heirs are now in | | | | copyrights on their own. Legal help is almost |
| the process of reclaiming that valuable copyright. | | | | certainly required. |
| Their tale is a graphic demonstration of the | | | | But when should a copyright author who assigned |
| important copyright reversion rules under the | | | | his or her work seek legal counsel to start the |
| Copyright Act. Under the Act, artists who sold | | | | process? The answer depends on when the |
| their works many years ago are entitled to | | | | copyrighted work was first created. For all |
| recover them, even if they signed contracts that | | | | copyrighted works created before January 1, |
| said otherwise. This article explains the importance | | | | 1978, the Copyright Act of 1909 provides the |
| of these copyright reversion rights and what | | | | ground rules. Originally, copyrights under the 1909 |
| artists must do to reclaim the rights to their | | | | Act lasted 28 years. (Was that it in the beginning, |
| work. demonstration of the important copyright | | | | or was there always a 28-year renewal term?) |
| reversion rules under the Copyright Act. Under | | | | At the end of the 28 years, the copyright ended, |
| the Act, artists who sold their works many years | | | | and the material was freely available to the public. |
| ago are entitled to recover them, even if they | | | | Congress has added to a copyright's life |
| signed contracts that said otherwise. This article | | | | expectancy on multiple occasions since then, and |
| explains the importance of these copyright | | | | these days a copyright under the 1909 Act can |
| reversion rights and what artists must do to | | | | last up to 95 years. The right to terminate an |
| reclaim the rights to their work. | | | | assignment and reclaim a copyright under the |
| During the Great Depression, Jerry Siegel and | | | | 1909 Act can occur after the first 28 years, at |
| Jerome Shuster created Superman, the | | | | the end of 56 years, or at the end of 75 years. |
| now-famous hero who fights to defend truth, | | | | The rules are different for copyrighted works |
| justice, and the American Way. Siegel and Shuster | | | | created after January 1, 1978, because the |
| then sold the Man of Steel to Detective Comics | | | | Copyright Act of 1976 applies. Under the 1976 |
| for $130. In hindsight, we can safely conclude this | | | | Act, the copyright lasts for the life of the author |
| was not a great deal for the sellers. Indeed, only | | | | plus 70 years. And a copyright assignment can be |
| the daily workings of Congress rival such a | | | | terminated-and the copyright reclaimed-after 35 |
| gargantuan waste of valuable property. But | | | | years. This means, of course, that the earliest |
| Superman's creators are not alone. Artists of all | | | | copyright reversions under the 1976 Act will begin |
| kinds have found themselves in a similar position, | | | | in 2013. Copyright authors like Paul McCartney and |
| forced to sell the copyrights in their creative | | | | Elton John are-or at least should be-preparing to |
| works to make ends meet. Those artists should | | | | reclaim their rights. The current owners of their |
| know that, as with practically all superhero tales, | | | | copyrights are no doubt planning their strategies |
| the Superman story has a happy ending. And | | | | to hang on. |
| theirs can too. | | | | Two other points are worth noting. First, the |
| In most walks of life, a sale, like a diamond, is | | | | copyright reversion right is non-waivable. In other |
| forever. Absent unusual circumstances, if you sell | | | | words, even if the copyright author agreed to |
| your car, it is gone. You have no more right to it, | | | | give up his or her reversion rights, those rights still |
| and you never will. Most authors of copyrighted | | | | exist. The usual rules of contract law do not apply. |
| works — be they musicians, artists, | | | | Nor do the usual rules regarding probate. A |
| authors or architects — probably assume | | | | copyright assigned through a will is not lost |
| that the same rules apply to their copyright: once | | | | forever. The heirs of the dead copyright |
| assigned, the copyright is gone forever. | | | | author-the very people the copyright author |
| It is not. The Copyright Act, in provisions that are | | | | apparently did not want to have the copyright-are |
| virtually unique in all of American law, allow the | | | | entitled to reclaim it anyway. |
| author of a copyrighted work can reclaim his or | | | | Second, and finally, copyright authors should not |
| her copyright many decades later by jumping | | | | wait until the last minute to begin the process of |
| through the right legal hoops at just the right time. | | | | reclaiming their property. The Copyright Act |
| Because of these reversion provisions, Mr. Siegel's | | | | requires authors to give notice before the |
| heirs are in the process of reclaiming the | | | | reversion occurs, and the notice period begins |
| Superman copyright, a process that will result in | | | | years before the copyright reversion can be |
| the multimillion dollar transfer of wealth from | | | | seized. Moreover, legal counsel might require some |
| Warner Brothers to them. All other authors of | | | | time to investigate and prepare your case, so |
| valuable copyrighted material-and the heirs of such | | | | waiting until the last second could potentially |
| authors-should pay attention to their story. | | | | prejudice your rights. |
| The copyright reversion rules under the Copyright | | | | As anybody who has watched the Superman |
| Act are complicated, and it is likely impossible in a | | | | movies knows, Superman always comes back. He |
| short article to turn a lay person into an expert. In | | | | certainly has come back to the heirs of those |
| light of the complexity of the process and the | | | | who created him. |
| consequences of failure, it makes very little sense | | | | |