One of the most significant rights in U.S. copyright law, often overlooked by filmmakers, is the 35-year copyright transfer termination right under the Copyright Act of 1976. This provision allows authors (or their heirs) to reclaim rights to works they previously assigned or licensed to another party after 35 years. Here’s how it works and why it matters in filmmaking:

What Is the 35-Year Rule?

Under Section 203 of the Copyright Act, creators can terminate the transfer of their copyrights (e.g., rights assigned to a studio, producer, or distributor) after 35 years, even if they signed a contract assigning those rights “forever.”

The key requirements are:

• The work must be created on or after January 1, 1978.
• Termination must be made within a 5-year window, starting 35 years after the transfer was made.
• A written notice of termination must be served on the copyright holder 2 to 10 years before the intended termination date.

Why Does This Matter to Filmmakers?

Filmmaking often involves complex copyright transfers, particularly for screenplays, music, and other creative elements. Here are the implications:

1. Screenwriters and Other Creators: Screenwriters who sold their scripts to studios decades ago may regain control, allowing them to renegotiate deals or produce sequels or adaptations independently. However, works made under work-for-hire agreements are excluded, meaning studio employees and contractors often cannot invoke this right.
2. Studios and Producers: Studios and production companies must monitor upcoming termination rights to avoid losing critical assets. Losing a script or score could complicate re-releases, remakes, or sequels.
3. Independent Filmmakers: Independent filmmakers who previously transferred distribution rights to a distributor or platform may regain control of their films, allowing them to explore new markets, platforms, or remasters.
4. Music Licensing: Film scores and licensed tracks may also be subject to termination. If rights are reclaimed, filmmakers may need to renegotiate licenses for re-releases or face potential legal challenges.

Case Studies and Real-World Impact

• Ennio Morricone vs. Bixio Music Group:
  In 2019, Ennio Morricone successfully reclaimed the U.S. copyrights to six of his film scores originally assigned to Bixio Music Group, an Italian music publisher. The scores included those for Cosi Come Sei (Stay As You Are, 1978) and Il Giocattolo (A Dangerous Toy, 1979). Initially, a U.S. District Court ruled in favor of Bixio, claiming the works were “made for hire” under Italian law. However, the U.S. Court of Appeals for the Second Circuit reversed this decision, affirming that Morricone retained authorship under Italian law, which enabled him to exercise his termination rights under the U.S. Copyright Act.
  This case highlights how creators can navigate international copyright complexities and reclaim their rights.
• Music Industry Precedent:
  Artists like Bob Dylan and Bruce Springsteen have also reclaimed rights to their music under this rule, setting an important precedent for filmmakers looking to regain ownership of their audiovisual works.
• Implications for Classic Films:
  Older films with enduring popularity could face ownership shifts, disrupting long-term studio plans for exploitation.

What Filmmakers Should Do:

1. Creators:
   • Track the 35-year timeline for any rights you’ve transferred.
   • Work with an attorney to draft and serve a termination notice.
   • Plan how to exploit the reclaimed rights (e.g., new licensing, sequels, remakes).
2. Producers and Studios:
   • Audit your copyrights to identify potential termination risks.
   • Proactively negotiate with creators to retain rights or extend agreements.
   • Be prepared to license reclaimed works if termination occurs.

Conclusion

The 35-year termination rule empowers creators but also requires careful planning from all parties in the filmmaking ecosystem. Filmmakers—whether rights holders or producers—should consult legal counsel to navigate these opportunities and challenges effectively. As more creators exercise their termination rights, the landscape of film ownership and distribution will continue to evolve.

If you’re a filmmaker or producer with questions about copyright transfers or termination rights, it’s essential to seek guidance to protect your interests and maximize your creative and financial opportunities.

Note: This post is a general overview and does not constitute legal advice. For specific legal concerns, it’s always recommended to consult with a qualified attorney.