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ARTICLE · 01 MAY 2020

Copyright Termination. Chapter 3: When Can Notice Of Termination Be Sent?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In my last post, I discussed in general terms the timing requirements for when a grant can be terminated (i.e., when termination can be made effective). See Chapter 2 of this series here.

United StatesIntellectual Property

In my last post, I discussed in general terms the timing requirements for when a grant can be terminated (i.e., when termination can be made effective).  See Chapter 2 of this series here.   Let's now turn to the question of when notice of termination must be sent.  Then, in Chapter 4, I will discuss what must be included in such a notice and how it must be sent and recorded with the copyright office. One piece of good news:  The notice of termination requirements are more or less the same for both pre- and post-1978 grants.  

Notice of termination must be given no more than ten years and not less than two years prior to the effective date of termination set forth in the notice.  Given that the termination windows (for both pre- and post-1978 grants) are five years long, this creates a 13-year period in which notice can be sent.   This may not seem intuitively obvious, but let me explain.  A notice of termination can be sent as many as ten years before the first

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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