Over the years, artists and their heirs have tried to use legal provisions that allows them to regain control over their works after a certain period. Understanding the termination laws and taking action can enable artists to reclaim their copyrights, granting them greater autonomy and potential future financial benefits. This article explores real-life examples where reggae and pop artists and their estates have tried to exercise their rights to terminate previous grants of copyright.
There are two sections in law that covers the reclaiming of copyrights in the US one for intellectual property created prior to 1978 and another for post 1977.
- Section 203: Reclaiming Post-1977 Sound Recordings and Musical Compositions:
Section 203, also known as the “35-year law,” empowers artists to terminate grants of rights in post-1977 sound recordings and musical compositions after 35 years of publication. This provision has been utilized by numerous artists to reclaim their works from record contracts and publishing agreements. Notably, one prominent example is Paul McCartney’s ongoing efforts to terminate Sony’s rights in 50% of a substantial catalog of Beatles songs.
2. Section 304(c): Reversion of Musical Compositions Registered Prior to 1978: Section 304(c) of the Copyright Act covers musical compositions registered prior to 1978, allowing artists to reclaim their copyrights 56 years after the date of copyright. This provision has the potential to impact iconic songs from the 1960s such as much of the music created at the beginning of Jamaica’s music industry with icons like Jimmy Cliff, Toots and the Maytals and early works of Bob Marley which are currently owned by German music label BMG.
Over the years Jamaican artists have complained that they were deprived of their fair share of royalties earned from music acquired by BMG through Trojan Records UK.
Zak Starkey, son of Ringo Starr (of The Beatles) and operator of Trojan Jamaica label, an imprint of BMG told World Music Views that, “I can’t say if everyone got paid or not, but we have no connection with Trojan UK except the word ‘Trojan’.”
In 1975, Trojan Records went out of business and failed to pay royalties and debts. Its extensive song collection was transferred to multiple entities. ColinNewman, an accountant and businessman, then took over Trojan Recordings that same year. In 2001, Newman sold the Trojan catalogue to London label Sanctuary Records for £10.25m. In 2007, Universal Music Group acquired Sanctuary Records, which included the Trojan catalogue. Finally, BMG purchased Sanctuary‘s catalogue, including Trojan‘s songs, in 2013.
With over 10,000 songs including early cuts from Jimmy Cliff, Bob Marley, and Desmond Decker, Trojan, previously a division of Chris Blackwell’s Island Records, made profits of £1.1m on £3.1m sales for the year to December 2000.
The cry continues among reggae and dancehall acts as recently Chaka Demus, one half of the famed duo Chaka Demus and Pliers revealed that he and his music partner did not sign good deals as they were coming up in the music business.
“Yea man me own some of my music still, but it nuh pretty me brother, when me a come as an artist it rough inuh. Sometimes you just go out deh and you record and you don’t even understand the business when you a record, you just love the music business so you just record for people,” Chaka laments.
Music superstar Sean Paul is another artist who has given up his masters for his early recordings in exchange for the backing of a record label’s marketing and promotions. He said although he doesn’t own his early hits, relinquishing them was a stepping stone for his career. He says now with many years in the business he is able to re-record the songs and have ownership of the new masters but it has been an uphill climb.
He continued, “anybody who wants to have their own label needs money to push, you need a publicist, someone to take your pictures and videos, for this album I have spent hundreds of thousands already.”
Reclaiming songs is not automatic and that process of ownership as a songwriter must begin with a filing with the U.S. Copyright Office to terminate the publishing anywhere from 2 to 10 years before the 56 years elapse, in order to obtain ownership of that song’s publishing in a timely manner. (If the writer doesn’t put in a notice within that window, they have another five-year period to reclaim the copyrights but each day’s delay adds another day that the publisher owns the copyright.)
Beatles member Paul McCartney has been trying to use these rules to reclaim his ownership for some time.
Afro American Newspapers/Gado/Getty Images
Billboard reported that on Dec. 15, 2015, McCartney filed a termination notice of 32 songs with the U.S. Copyright Office plus all the songs issued on Beatles records from 1962-1964, although many of the titles he has moved to terminate were issued much later, including the 1969 and 1970 songs “Come Together,” “Golden Slumbers,” “Carry That Weight,” “She Came In Through The Bathroom Window,” and seven other songs on the Abbey Road album, as well as the single tracks Don’t Let Me Down” and “The Ballad of John & Yoko.”
Most of the songs cannot be terminated for another two years.
McCartney sent Sony/ATV Tunes LLC a notice of termination of grand under 17 USC section 304(C) on Dec. 15 by certified mail.
The story if how Sony/ATV came to own the Beatles catalogue is linked to a conversation McCartney had with a business savvy Michael Jackson.
After becoming friends with Paul McCartney, Jackson paid 47 million dollars to purchase ATV, from Australian billionaire Robert Holmes a Court. “ATV had the rights to 251 Beatles songs, including “Hey Jude,” “Yesterday” and “Let It Be, as well as 4,000 other songs and a library of sound effects”. Per Biography.
McCartney recalled on an episode of David Letterman 2009 per Biography that, “I wrote [Jackson] a couple of letters and I said, Michael, don’t you think that after 30 years of being successful to this company you now own, don’t you think I could have a raise?” Jackson’s response to his request was: “Oh Paul, that’s just business.”
By “A raise” he meant give back his publishing but he and Lennon lost out to ATV in a 1969 bid for the original publisher Northern Songs so Jackson had all right to hold strain to his prized asset.
In 2016, following his untimely demise, Prince’s estate initiated termination proceedings to reclaim control over his music catalog. Prince had reworked his contract with Warner Brothers in 2014 to regain access to his early back catalog, which resets the clock on the 35 year law.
The eccentric Purple Rain singer also wrote music under a several pseudonyms including Alexander Nevermind, Joey Coco, and Jamie Starr. Along with his “works made for hire” are covered by different copyright statutes than his solo composed music and pseudonymous works have a longer copyright statute than works written under Prince’s own name.
However, every year more of Prince’s back catalog will be up for termination of transfer law, which means that his estate can gain ownership of an increasing number of works, and by extension, control the money that continues to pour in from his most popular titles.
All of Bob Marley’s early Island Records albums including the legendary ‘Catch A Fire’, ‘Burnin’, ‘Natty Dread’, ‘Rastaman Vibrations’ and ‘Exodus’, were determined by U.S. District Judge Denise Cote in Manhattan to be solely owned by UMG Recordings, a unit of Vivendi SA’s Universal Music Group. The Marley estate lead my matriarch Rita Marley lost a copyright lawsuit against Universal Music who presently owns the Island Records releases that were recorded between 1973 and 1977.
Chris Blackwell, in his memoir “The Islander” said he gave the group $4000 to record the first two albums but the family made various claims in court relating to the original contracts between Marley and Island, including pulling on copyright laws to veto licensing arrangements and Universal’s claim of ownership to no avail.
A excerpt from the court’s ruling stated that “On August 25, 1972, Island entered into a recording agreement with Bob Marley and two other artists (the “1972 Agreement”). Pursuant to the 1972 Agreement, Marley agreed to perform services as a recording artist exclusively for Island and to produce “sufficient acceptable recordings” for two albums during the term of the agreement. Island agreed to pay Bob Marley certain advances against royalties for the creation of the Sound Recordings. Island also agreed to permit Marley to use Island’s studios to record his performances, subject to the right to recover the costs of these recording sessions from royalties.”
The 1972 Agreement further provided that Island and Bob Marley would “mutually agree” as to the lyrics and music to be recorded, but that Island could “decide in its discretion whether or not such lyrics and music as recorded are acceptable and satisfactory for the manufacture and sale of records.”
The 1972 Agreement stated that “all recordings featuring the Artist and recorded by the Company . . . in pursuance hereof are the absolute property of the Company and the Company will continue to account to the Artist for the royalties thereon both during the period and thereafter.” Under the 1972 Agreement, Island was “entitled to the sole and exclusive right in perpetuity throughout the territory of production reproduction sale and distribution . . . and performance (including broadcasting) throughout the Territory by any and every means whatsoever of recordings incorporating the Artist’s performances.”
This first contract set the precedence for relinquishing ownership of the music by Marley as similar agreements were again entered into in 1974 for the Natty Dread album after the original Wailers group members went separate their ways.
Terminating copyrights requires careful research, collaboration, and adherence to legal requirements. Joint works and bands may face additional complexities, especially when dealing with hard-to-find individuals or their successors. However, solutions can be found with diligence and expertise in copyright law.
Important Considerations:
- Nationality Irrelevance: The nationality of the artist or songwriter does not impact their eligibility to reclaim U.S. copyrights. Artists from any country can exercise their rights.
- Timeframes and Notice Periods: Artists must adhere to specific timelines when sending the Notice of Termination. The notice must be sent no less than two years and no more than ten years before the effective date of termination, which is determined by the publication date or the end of the 35-year period.
- Recordation with the Copyright Office: Sending the Notice of Termination is the initial step, followed by recording the notice with the U.S. Copyright Office. This crucial second step ensures the validity of the termination. Timely submission is crucial to allow for potential issues and corrections.
Music copyright termination laws grant artists the opportunity to regain control over their creative works. While major labels, publishers, and industry organizations may not actively promote this knowledge, it is crucial for artists to understand their rights and take action to protect their intellectual property.
