Quote:
Originally Posted by darryl
I tend to agree with you, Harry, though you are probably being a little harsh on virtually all traditionally published authors. Other clauses in these contracts provided mechanisms for the author to ask for reversion in certain circumstances, and I seem to recall something about the US providing an option to the author for reversion after something like 30 or 40 years. Those who used lawyers rather than agents may have done a little better, but for most authors this term was not negotiable. Lawyers would of course advise how unreasonable it was but had to concede that it was industry practice. An industry practice which developed when only few were chosen for publication and where the only alternative was the vanity presses. There was no practical alternative.
Unfortunately anecdotal evidence suggests nothing has changed with this term, and that publishers are engaging in a rights grab. Unfortunately there still seem to be many new authors who want to be traditionally published no matter the terms.
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The US Copyright Act gives the original author the right to issue a notice of termination for a work created after Jan 1st, 1978. You can issue the notice 30 years after copyright is granted, or 25 years after publication, which ever occurs first. The termination then becomes effect 35 years after the copyright was granted.
Here is a relevant article by a publishing attorney and writer about rights reversion. (note the article does not mention the US copyright act. You can find that at the US government copyright website which is down for maintenance as I post this, but is easy enough to google)
http://writerunboxed.com/2016/01/10/...-bad-the-ugly/