35 years is a special time for copyrights created after 1978. A right emerges from lurking in the shadows. Importantly, that right can transfer to whoever inherits your original copyright rights.

This copyright jump scare is the termination provision in the 1976 Copyright Act that allows creators who transferred their copyright rights to someone else to reclaim those rights, even if they were assigned permanently. This is how Friday the 13th screenwriter Victor Miller successfully reclaimed his rights to the original script! I talked more about that in an episode a couple of years ago.

Thirty-five years after the transfer, and for a period of five years after that, the creator, or their heirs, can reclaim their copyright rights.

There are some strict rules to follow. Notice to the grantee and the Copyright Office of the intent to revert the rights must be in writing and must be made no more than 10 years before the 35-year period starts, and no more than two years before the five-year reversion rights period ends.

This reversion opportunity doesn’t apply to works for hire or transfers of rights made through a will.

Even if you bought a creator's work "forever," they, or their legal heirs, can get a mandatory second bite at the apple.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

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