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There are two termination of transfer provisions in the 1976 Act, Sections 203 and Section 304(c). They are very similar, but not identical. Section 304(c) governs transfers and licenses executed before January 1, 1978 and thus is limited to 1909 Act works whose term is measured from the date of first publication. Section 203 covers transfers and licenses executed on or after January 1, 1978 and thus covers three categories of works: (1) works that were subject to common law copyright on January 1, 1978; (2) works protected under the 1909 Act that were in their first or renewal term on January 1, 1978, but where the transfer or license was executed on or after that date; and (3) works created on or after January 1, 1978, and thus governed by the term structure of the 1976 Act. The possibility of termination under Section 304(c) began on January 1, 1978. Terminations under Section 203 cannot begin until January 1, 2013.
Termination under Section 304(c)
The termination right under Section 304(c) is only for the extra 19 years added on to the 28 renewal term of the 1909 Act. The provision is quite complex:
(1) Grants covered
(a) exclusive or nonexclusive transfers or licenses of renewal rights
(b) executed before January 1, 1978
(c) by a renewal claimant covered by the second proviso of Section 304(c)
(d) with respect to a work in its first
or renewal term of statutory protection
(2) Persons who may exercise the right
(a) as to grants by author(s):
(i) the author (s) to the extent of the author's interest (§304 (c) (1) ) ;
(ii) if an author is dead, by owners of more
than one half of the author's termination interest, such interest being, owned as follows:
(A) by surviving spouse if no children or grandchildren;
(B) by children and surviving children of dead child if no surviving spouse, per stirpes and by majority action; or
(C) shared, one half by widow (er) and one half by children and deceased child's children (§304 (c)(1) and (4)).
(b) as to grants by others — all surviving grantors (§304(c) (1) and (4)).
(3) Effective date of termination
(a) designated time during five year period commencing on later of:
(i) beginning of fifty-seventh year of copyright or (ii) January l, 1978 (§304 (c) (3) ) .