Many of the contracts you might be asked to sign as a recording artist, songwriter, producer, or other creative professional in the music industry will contain a clause that states that by signing the contract, you are surrendering your copyright interests in the works you create under the deal forever. That can be scary. After all, for a lot of creatives, a song or recording on which they work is like their baby, and turning over custody and control of your baby is not a pleasant proposition. Well, good news: In most cases, you have the ability to terminate the transfer and reclaim your interests, even if you sign a contract that contains a clause like that.

The key is section 203 of the Copyright Act. If you’re a copyright lawyer or are having trouble sleeping, you can read the text of the statute here. What it means, in short, is that there is a five year window that starts 35 years after you transfer your copyright interests in which you can cancel the transfer and reclaim your interests. To take advantage, realistically, the first step is to hire a lawyer, as the statute is full of traps and technicalities. Your lawyer will have to send a code-compliant notice to whoever holds the rights you transferred, and the notice will have to be sent at least two years and at most ten years before the cancellation is to become effective.

If they use this tool correctly, artists can enjoy huge financial benefits, as they will be able to make a new deal with respect to their works for the balance of the copyright term. And even if a work isn’t particularly commercially valuable, putting ownership back in the hands of its creator can be a powerful thing from a personal standpoint.

If you transferred a copyright interest in the last 30 to 40 years and are interested in reclaiming it, give us a call so we can discuss your options.