Friday, June 20, 2025

Lloyd Jassin Saw It Coming—I Shared His Warning in 2010, Now It’s Here: Copyright Termination in 2025

It's June 20th, 2025, and wishing you all a great first day of Summer!

On Thursday, September 30, 2010, I published a blog post titled "The copyright termination time bomb in 2011" In it, I shared excerpts from Lloyd Jassin’s article, "How to Terminate Your Publishing Contract (or, Strike a Better Deal)," highlighting his warning about the coming wave of copyright reversion opportunities.
Now, in 2025, we’re deep in the heart of that very shift. Authors and their heirs are actively reclaiming rights, reshaping the power dynamics between creators and publishers just as Jassin predicted.

Looking back at it now? It was prescient. We’re now deep in the wave of 1978+ grants reaching their termination eligibility. For indie authors, songwriters, and filmmakers (and their heirs), this remains a powerful legal right—but only if used correctly and in time.

If you’re tracking a 1980s grant, for example, now is the window (or it's about to open).

The 2011 "copyright termination time bomb" you quoted—specifically referring to the U.S. Copyright Act's Section 203 termination rights—has continued ticking and has now become a real force in the publishing, music, and film industries.

Here's where things stand today (as of 2025):

Authors and heirs have been successfully reclaiming rights.

  • Many authors, musicians, and creators (or their heirs) who granted rights in 1978 or later have recaptured their copyrights.

  • The earliest eligible grants (from January 1, 1978) began terminating in 2013, and this process continues today, based on the rolling 35-year window.

🧠 More creators and estates are becoming savvy about using this law.

  • Notable terminations: The estates of creators like Jack Kirby (Marvel), musicians like Victor Willis (Village People), and authors like Stephen King and the heirs of Philip K. Dick have all invoked or attempted to invoke termination rights.

  • It’s increasingly common for law firms and agents to include termination timelines in their long-term strategy for IP management.

🧨 Publishers and studios have fought back—but haven't stopped it.

  • Companies often challenge terminations by claiming:

    • The original grant was a work made for hire (and thus not eligible for termination),

    • The creator wasn't the sole author,

    • Or procedural errors void the notice.

  • Courts have ruled in favor of creators in many high-profile cases, although these disputes can be drawn-out.

🧾 The process is still complex.

  • The law requires strict compliance with notice timing (between 2–10 years before the effective date) and proper filing with the U.S. Copyright Office.

  • Many authors and estates miss their chance due to lack of awareness or legal help.

In the end, the so-called “copyright termination time bomb” didn’t just go off—it changed the landscape. 

Creators and heirs have been reclaiming control over their work, reshaping relationships with publishers, studios, and labels. But this right isn’t automatic—it must be understood, acted upon, and filed precisely within strict windows. As we move further into this new era of author empowerment, the question isn’t just whether you can recapture your rights—it’s whether you know how and when. The clock may be ticking, but it’s still on your side—if you act in time.


Compiled with aid of ChatGPT

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