Who May Terminate

The following people may terminate the grant of rights:

  • The author.
  • If there are multiple creators, a majority of the granting creators. For example, if the work has two authors, then both must agree (one author not making a majority); if the work has three authors, then at least two must agree to terminate.
  • If the creator or creators are deceased, a majority of the beneficiaries (their surviving spouses, children or grandchildren) voting as a unit for each author and per stirpes.

The following people are not considered the creator of a work under the Copyright Act, and they therefore may not terminate a grant of rights:

  • An employee who created the work within the scope of his or her employment.
  • A person who creates certain kinds of commissioned works, but only if both the person who commissioned the work and the creator have signed a written agreement that the work is “for hire.”  (If the work you created was commissioned, but not of a kind on this list, then the work is not “for hire,” no matter what the contract says, and you can terminate the grant of rights. If the work was on this list, but your contract doesn’t say the work was “for hire,” then it is not a “work made for hire,” and you can terminate the grant of rights.)