Re: Re: Termination right

On Thu, 30 Jun 2005, JQ Johnson wrote:

> Although one can't contractually waive one's right to terminate, one can
> presumably enter into an enforceable contract in which you agree to pay
> a steep penalty to the grantee if you exercise your right to
> termination.

I doubt that. As a matter of policy, the Copyright Act is clear that an author is free to terminate. if you add a penalty for exercising that right, you've essentially "made an agreement to the contrary." I'd have to query: what's the consideration to the author here in exchange for the author's obligation to make that payment? It's a promise not to terminate, which is an agreement to the contray.

I haven't seen any cases on that sort of contractual arrangement, primarily because I don't think there are any publisher's who've yet tried it, at least not timelily enough for it to yet be coming into play. But what we've seen so far is that courts read the right to terminate broadly. In Marvel Comics v. Simon, the court even construed a settlement agreement that stipulated that "Captain America" was a work made for hire as an "agreement to the contrary," and allowed the author to terminate. http://laws.lp.findlaw.com/2nd/027221.html Received on Sat Jul 02 2005 - 00:10:46 GMT