|
19 | 19 | "ii": {"b": "Post-1978"}},
|
20 | 20 | "E": {"title": "Dual Window Scenario",
|
21 | 21 | "i": {"title": "Two possible notice/termination windows",
|
22 |
| - "description": "Under § 304, some works receive two possible windows for termination. Under § 304(c), transfers are terminable in a window beginning 56 years from the date copyright was secured. Under § 304(d), transfers are terminable in a window beginning 75 years from the date copyright was secured. Note that transfers of rights related to a single work can only be terminated under one of these provisions—it is not possible to exercise both the § 304(c) and 304(d) rights."}, |
| 22 | + "description": "Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/304\">304</a>, some works receive two possible windows for termination. Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#c\"><a href=\"https://www.law.cornell.edu/uscode/text/17/304#c\">304(c)</a></a>, transfers are terminable in a window beginning 56 years from the date copyright was secured. Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a>, transfers are terminable in a window beginning 75 years from the date copyright was secured. Note that transfers of rights related to a single work can only be terminated under one of these provisions—it is not possible to exercise both the § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#c\">304(c)</a> and <a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a> rights."}, |
23 | 23 | "ii": {"title": "Uncertain notice/termination window",
|
24 | 24 | "description": "Whether or not the right of publication was transferred is unknown for works with the characteristics provided. For transfers from 1978 or later, this information is often necessary in order to identify the correct termination window. Even not knowing this information, it is possible to see what the termination might look like in either scenario. As a result, works with the characteristics provided have two possible windows specified for both notice and termination. Only one window can apply to works transferred in 1978 or later. In order to know which window could apply to each scenario, please re-try the tool, specifying whether or not the publication right was transferred."}},
|
25 | 25 | "F": {"title": "Window explanations",
|
26 |
| - "i": {"title": "Understanding the § 304(c) termination window", |
27 |
| - "description": "When a transfer made before 1978 is eligible for a termination, it will be under section 304 of the Copyright Act. Under section 304(c), the termination window opens 56 years after copyright was secured and lasts for five years."}, |
28 |
| - "ii": {"title": "Understanding the § 304(d) termination window", |
29 |
| - "description": "When a transfer made before 1978 of a work created before 1989 is eligible for a termination, it will be under section 304 of the Copyright Act. Under section 304(d), the termination window opens 75 years after copyright was secured and lasts for five years."}, |
30 |
| - "iii": {"title": "Understanding the § 203 termination window", |
31 |
| - "description": "When a transfer made in or after 1978 is eligible for a termination, it will be under section 203 of the Copyright Act. In these circumstances, the termination window opens 35 years after the transfer and lasts for five years. However, if the author granted publication rights, the test is a little different. In those cases, the five-year termination window opens either 35 years from publication or 40 years from the transfer—whichever comes first."}}, |
| 26 | + "i": {"title": "Understanding the § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#c\">304(c)</a> termination window", |
| 27 | + "description": "When a transfer made before 1978 is eligible for a termination, it will be under section <a href=\"https://www.law.cornell.edu/uscode/text/17/304\">304</a> of the Copyright Act. Under section <a href=\"https://www.law.cornell.edu/uscode/text/17/304#c\">304(c)</a>, the termination window opens 56 years after copyright was secured and lasts for five years."}, |
| 28 | + "ii": {"title": "Understanding the § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a> termination window", |
| 29 | + "description": "When a transfer made before 1978 of a work created before 1989 is eligible for a termination, it will be under section <a href=\"https://www.law.cornell.edu/uscode/text/17/304\">304</a> of the Copyright Act. Under section <a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a>, the termination window opens 75 years after copyright was secured and lasts for five years."}, |
| 30 | + "iii": {"title": "Understanding the § <a href=\"https://www.law.cornell.edu/uscode/text/17/203\">203</a> termination window", |
| 31 | + "description": "When a transfer made in or after 1978 is eligible for a termination, it will be under section <a href=\"https://www.law.cornell.edu/uscode/text/17/203\">203</a> of the Copyright Act. In these circumstances, the termination window opens 35 years after the transfer and lasts for five years. However, if the author granted publication rights, the test is a little different. In those cases, the five-year termination window opens either 35 years from publication or 40 years from the transfer—whichever comes first."}}, |
32 | 32 | "G": {"title": "Uncertain terminability",
|
33 | 33 | "i": {"title": "Terminability Caveat",
|
34 |
| - "description": "U.S. Copyright Office guidance suggests works copyrighted between October 27, 1937 and October 26, 1939 may be terminable under section 304(d), but the statute is unclear. Consider seeking legal advice."}, |
| 34 | + "description": "U.S. Copyright Office guidance suggests works copyrighted between October 27, 1937 and October 26, 1939 may be terminable under section <a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a>, but the statute is unclear. Consider seeking legal advice."}, |
35 | 35 | "ii": {"title": "Important dates",
|
36 |
| - "a": "Note that works copyrighted after October 26, 1939 are NOT terminable under §304(d)."}}, |
| 36 | + "a": "Note that works copyrighted after October 26, 1939 are NOT terminable under §<a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a>."}}, |
37 | 37 | "H": {"title": "Gap grants etc.",
|
38 | 38 | "i": {"title": "A note on the date of the agreement",
|
39 | 39 | "description": "Following U.S. Copyright Office guidance, in most cases we treat the date of the agreement as being no earlier than the date of creation."}}},
|
40 | 40 |
|
41 | 41 | "Conclusion": {"A": {"title": "Eligible for termination",
|
42 |
| - "i": {"title": "Under § 304(c)", |
| 42 | + "i": {"title": "Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#c\">304(c)</a>", |
43 | 43 | "description": "Thank you for using the Termination of Transfer Tool. Works with the characteristics provided potentially are eligible for termination during the windows specified in the PDF information sheet. Feel free to check out the FAQ for additional information. Please consult a licensed attorney to better understand the complexities of copyright termination and to determine whether a termination right in fact exists for a given work."},
|
44 |
| - "ii": {"title": "Under § 304(d)", |
| 44 | + "ii": {"title": "Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/304#d\">304(d)</a>", |
45 | 45 | "description": "Thank you for using the Termination of Transfer Tool. Works with the characteristics provided potentially are eligible for termination during the windows specified in the PDF information sheet. Feel free to check out the FAQ for additional information. Please consult a licensed attorney to better understand the complexities of copyright termination and to determine whether a termination right in fact exists for a given work."},
|
46 |
| - "i-ii": {"title": "Under § 304", |
| 46 | + "i-ii": {"title": "Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/304\">304</a>", |
47 | 47 | "description": "Thank you for using the Termination of Transfer Tool. Works with the characteristics provided potentially are eligible for termination during the windows specified in the PDF information sheet. Feel free to check out the FAQ for additional information. Please consult a licensed attorney to better understand the complexities of copyright termination and to determine whether a termination right in fact exists for a given work."},
|
48 |
| - "iii": {"title": "Under § 203", |
| 48 | + "iii": {"title": "Under § <a href=\"https://www.law.cornell.edu/uscode/text/17/203\">203</a>", |
49 | 49 | "description":"Thank you for using the Termination of Transfer Tool. Works with the characteristics provided potentially are eligible for termination during the windows specified in the PDF information sheet. Feel free to check out the FAQ for additional information. Please consult a licensed attorney to better understand the complexities of copyright termination and to determine whether a termination right in fact exists for a given work."}},
|
50 | 50 | "B":{"title": "Termination Right Unlikely",
|
51 | 51 | "i": {"title": "Work Made For Hire - Scope of Employment",
|
|
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