Abstract

http://ssrn.com/abstract=2335010
 


 



Copyright Termination and Technical Standards


Jorge L. Contreras


University of Utah - S.J. Quinney College of Law

Andrew Hernacki


Venable, LLP

June 24, 2014

University of Baltimore Law Review, Vol. 43(2), pp. 221-253 (2014)

Abstract:     
Section 203 of the Copyright Act permits authors to terminate any grant of rights in a copyright between 35 and 40 years after the initial grant was made. In this article we analyze the application of Section 203 termination to technical standards documents, focusing in particular on the exclusion of works-made-for-hire, the treatment of joint works and derivative works. We conclude that, although Section 203 is theoretically applicable to technical standards, several statutory obstacles would impede the wholesale termination of standards-related license grants. Nevertheless, in order to avoid costly and time-consuming litigation, we recommend that Congress or the courts explicitly acknowledge the inapplicability of Section 203 to technical standards.

Number of Pages in PDF File: 34

Keywords: standards, copyright, termination, Section 203

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Date posted: October 4, 2013 ; Last revised: June 26, 2014

Suggested Citation

Contreras, Jorge L. and Hernacki, Andrew, Copyright Termination and Technical Standards (June 24, 2014). University of Baltimore Law Review, Vol. 43(2), pp. 221-253 (2014). Available at SSRN: http://ssrn.com/abstract=2335010

Contact Information

Jorge L. Contreras (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

Andrew Hernacki
Venable, LLP ( email )
United States
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