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35 Year Copyright Reversion Clause, Works for Hire, and the Future of the Music Business


Attorney Jay Cooper is Chair of the Los Angeles Entertainment Practice of Greenberg Traurig. In addition to his decades-long career representing some of the biggest names in rock and pop, Cooper is a former president of NARAS, a noted author in the fields of intellectual property and contract negotiation, and an in-demand guest lecturer. He is also a musician who, early in his career, made the decision to abandon a professional music career for one in entertainment law.
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Jay Cooper, a music lawyer based in Los Angeles, explains what the 35-year reversion clause of the Copyright Act of 1978 is, and how it's likely to play out when that clause falls due in 2013. He summarizes the difference between author-owned works and work-for-hire works, discusses some of the nine categories of copyrighted work that are exempted from the 35-year reversion clause and whether audio recordings are part of any of these nine categories, and describes the legal battles that will likely ensue over exactly who the "author" is of a particular sound recording. Finally, he goes into depth about what a work for hire is, by law, and why many recording contracts contain misleading work-for-hire language



Shoot Date:
November 2007
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