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Posted
3 January 2007 @ 12pm

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General

Reclaiming Author Rights

The Creative Commons people have released a tool that helps you determine whether any exclusive contracts can be terminated. As the laws are complicated it’s largely a tool to help educate and get the word out about the rights authors have so that you can be prepared when your window of opportunity comes. Education is always good to see:

Briefly, the U.S. Copyright Act gives creators a mechanism by which they can reclaim rights that they sold or licensed away many years ago. Often artists sign away their rights at the start of their careers when they lack sophisticated negotiating experience, access to good legal advice or any knowledge of the true value of their work so they face an unequal bargaining situation. The “termination of transfer” provisions are intended to give artists a way to rebalance the bargain, giving them a “second bite of the apple.” By allowing artists to reclaim their rights, the U.S. Congress hoped that authors could renegotiate old deals or negotiate new deals on stronger footing (and hopefully with greater remuneration too!!).

The FAQ is also worth a read.

If you’ve recently signed away your rights be sure to mark your calendar.


1 Comment

Posted by
Bess
3 January 2007 @ 1pm

Thanks for publicizing this. I can’t wait to look at this and see if it helps me get my open access rights back.


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