INTELLECTUAL PROPERTY COLLOQUIUM – COPYRIGHT TERMINATION
(ITUNES – INTERVIEWS WITH DAVID NUMAR – PETER MANNELD)
In this
interview, involved an interviewer and two experts, the discussion covers the historical
development of laws that are in place to handle the termination of copyrights.
The copyright law in the United States of America has its origins in the
constitution itself, which preserves the copyright as an instrument to
encourage and protect creativity and research and thus maintain the rights of
the authors of cultural and scientific developments.
In the development of copyright, we noted that a key part of this figure is the termination. Congress introduced this legal concept in 1909 Copyright Act. The copyright act of 1909 established 56 years as the length of the property of the author of the purpose of copyright. The copyright Act contemplates author's rights separated into two clearly defined time frames: The first term, had maintained that the author property rights between 14-28 years depending on the purpose subject to copyright. The second term contemplated the copyright renewal for a second term of like duration, with the constraint that the copyright could not be transferred to a second party. After these deadlines, copyright of the original author ceased, which caused legal disputes due to the economic benefit that the company owns the copyright obtained giving no return of those benefits to the original author. 1976 after the amendment to the law imposed that copyright remained for life of the author plus 70 years to their descendants or heirs. Also, the Act gave the author the right of claiming its rights back after a period of 35 years. From this point on, he can renegotiate with the same party or a new one new terms and conditions or even, he can transfer his rights to a third party. Furthermore, as part of the process of improving and make copyrights flexible according to the new era and new technologies, in 1960 congress defined nine (9) unique categories for copyrights. From there on, has performed several reviews to continue adapting copyrights to scientific and technological advances. As I listened through the interview, copyrights terminations are critical for all parties involved in contract negotiation. The author has to maintain his/her rights to receive benefits depending on success and profitability of the purpose of the copyright contract. On the other hand, the party who will exploit the object of the copyright need to have guarantees on length and conditions of the contract to be able to plan and invest in the business opportunity in order to generate profits and benefits for both contractual parties.
In the development of copyright, we noted that a key part of this figure is the termination. Congress introduced this legal concept in 1909 Copyright Act. The copyright act of 1909 established 56 years as the length of the property of the author of the purpose of copyright. The copyright Act contemplates author's rights separated into two clearly defined time frames: The first term, had maintained that the author property rights between 14-28 years depending on the purpose subject to copyright. The second term contemplated the copyright renewal for a second term of like duration, with the constraint that the copyright could not be transferred to a second party. After these deadlines, copyright of the original author ceased, which caused legal disputes due to the economic benefit that the company owns the copyright obtained giving no return of those benefits to the original author. 1976 after the amendment to the law imposed that copyright remained for life of the author plus 70 years to their descendants or heirs. Also, the Act gave the author the right of claiming its rights back after a period of 35 years. From this point on, he can renegotiate with the same party or a new one new terms and conditions or even, he can transfer his rights to a third party. Furthermore, as part of the process of improving and make copyrights flexible according to the new era and new technologies, in 1960 congress defined nine (9) unique categories for copyrights. From there on, has performed several reviews to continue adapting copyrights to scientific and technological advances. As I listened through the interview, copyrights terminations are critical for all parties involved in contract negotiation. The author has to maintain his/her rights to receive benefits depending on success and profitability of the purpose of the copyright contract. On the other hand, the party who will exploit the object of the copyright need to have guarantees on length and conditions of the contract to be able to plan and invest in the business opportunity in order to generate profits and benefits for both contractual parties.
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