Statutory Terminations

What is a Statutory Termination Right?

The U.S. Copyright Act (the “Copyright Act” or “Act”) allows, under certain circumstances, authors or their heirs to terminate an author’s grant of a transfer or license of one or more of the author’s exclusive rights under the Act to a third party.

This right to terminate a copyright transfer is often referred to as the “Termination Right” or the “Statutory Termination Right.” In the context of the music publishing industry, contracts between songwriters and music publishers often include the transfer of the copyright in a musical work (via a grant or license) that may be subject to the Statutory Termination Right.

For a comprehensive explanation of the Statutory Termination Right and the process by which an author or heir may terminate a transfer of copyright, please visit the U.S. Copyright Office website page on Notices of Termination, available here.

Do I need to notify The MLC of a statutory termination claim?

If you have exercised or are in the process of exercising a Statutory Termination Right, you must give The MLC notice of your statutory termination claim by completing and submitting a Termination Notice Form. A copy of the Termination Notice Form is available here. Before you complete and submit the Termination Notice Form, you should review the Termination Notice Form Guidelines, available here, and gather all necessary information and documentation.

How do I submit a statutory termination claim?

The Copyright Office has established specific rules that guide how The MLC should handle Termination Claims from rightsholders. These rules outline how The MLC reviews Statutory Termination Notices and manages royalties for musical works or shares of musical works affected by Termination Claims and related disputes. The MLC has incorporated these rules into a Statutory Terminations Policy.

Under the Statutory Terminations Policy, you must give The MLC notice of your Termination Claim by completing and submitting a Termination Notice Form (see below). Before you complete and submit the Termination Notice Form, you should review both the Statutory Terminations Policy and the Termination Notice Form Information Guide, and gather all necessary information and documentation.

If you have questions that are not addressed in the Statutory Terminations Policy or the Termination Notice Form Information Guide, please click here to visit our website page dedicated to frequently asked questions about Statutory Terminations. If you have already submitted a Termination Notice Form and have questions concerning your submission, please contact statutoryterminations@themlc.com.