Special Advice For Authors, Heirs and Estates

Mr. Gable regularly represents authors, their heirs and estates in the area of terminations.   He finds it exceptionally gratifying to recapture copyrights for clients who once may have believed they had signed away rights to those works forever.

He provides termination services on behalf of many kinds of “authors,” including songwriters, composers, recording artists, novelists, screenwriters, painters, illustrators, comic strip creators, photographers, poets, architects, choreographers, software programmers – in short, any creator of an original musical, literary, artistic or other creative work that is protected under copyright law.

Mr. Gable has decades of experience as a professional musician (see Biography) and a number of his termination clients are songwriters, recording artists or composers.  Although these clients may benefit from his background, he does not attempt to bundle his termination services with any ongoing right to participate in an author’s career or royalties post-termination (as some companies currently do).   His sole interest is in terminating rights as professionally and cost-effectively for a client as possible.  For those clients (e.g., heirs with little or no experience in the music business) who need additional assistance with copyright or other intellectual property management, he is happy to provide additional services or referrals as needed.  However, the decision of whether or not to engage Mr. Gable in the future is solely up to the client.

Representation normally begins with a free consultation, but experience has shown that there is little use in such a consultation without some preparation on the client’s part.  By reviewing the materials below a potential client can begin to prepare for a successful representation.

Preparing For Terminations

Self-Education:  It is difficult for an author to benefit from the law of terminations without some knowledge of how terminations work.  A bit of knowledge and preparation also can help a client keep legal costs down. 

This website contains various materials aimed at educating parties potentially affected by termination rights.  It includes reprints of two articles on terminations written by Mr. Gable.  “Introduction to Terminations of Copyright Transfers,” reprinted from the California Copyright Conference April 2008 newsletter, explains generally how terminations work, and was primarily written for music industry professionals.  “Taking It Back,” reprinted from the June 2008 issue of Los Angeles Lawyer Magazine, briefly discusses a few intricacies of terminations law, and was primarily written for practicing attorneys having little or no experience with terminations. 

(Note that the Steinbeck case discussed in both articles was later overturned in part by the Second Circuit, and that additional case law has developed since these articles were written.)

Special Note on “Works Made For Hire:” As both articles make clear, “works made for hire” are not terminable.  But the law regarding what constitutes a “work made for hire” is complicated and unresolved, and just because a document says a work is a “work made for hire” doesn’t make it so.  Until the law is settled, terminations notices for many of these works must be filed. 

Document and Information Gathering:  A “termination” involves the termination of a specific “grant” – another word for a contract.  To effectuate a termination, the law requires serving the current “grantee” with a “notice of termination.”  Therefore, a potential client should do all they can to locate a copy of the contract (if possible) that will be terminated, and to locate paperwork identifying the name and address of the party who should receive the notice.  Doing this in advance of contacting the attorney allows the client to jump into the terminations process right away, and reduces the possibility that critical deadlines will be missed.   Certain situations involving joint or deceased authors can require additional document and information gathering. 

Strategic Planning:  What should the author or his or her heirs do with a copyright once they have recaptured it?  Some thought should be given to this, even if the answers aren’t readily apparent.  For example, in the case of a songwriter, does the client want to recapture rights to as many songs as possible and then self-administer rights, or allow someone else to?  Or to assemble as many copyrights as possible and then sell the catalog?  Or simply to enter into a new single song agreement with the old publisher, perhaps on better terms?  Or to sign with a different publisher?  In certain instances, knowing the answer in advance may affect the strategy used in terminations.   It is helpful if the client has given some thought to this prior to contacting the attorney.

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The materials contained on this website are intended for general informational purposes only, may not be taken as legal advice and are expressly conditioned on and subject to the Disclaimer. (Please read the Disclaimer to better understand why it is impossible to render legal advice over this website.) Obtaining Bill Gable’s legal services requires a signed engagement letter following appropriate interviews, clearance of conflicts and payment of a retainer based upon the scope of work contemplated.