Enforceability of Agreements Made Prior to Copyright Recapture Notice

[Daytonville]

What is the name of your state (only U.S. law)? New York

Hypothetical 1: Before receiving a notice of termination, If grantee makes long term license where performance occurs after the date of actual termination, does the income stay with grantee or revert to recapturing owner?

Hypothetical 2: Same facts as above, except where long term license is made after notice of termination but prior to actual termination?

 

[Zigner]

What is the name of your state (only U.S. law)? New York

Hypothetical 1: Before receiving a notice of termination, If grantee makes long term license where performance occurs after the date of actual termination, does the income stay with grantee or revert to recapturing owner?

Hypothetical 2: Same facts as above, except where long term license is made after notice of termination but prior to actual termination?

Sorry - you're going to have to do your own homework.

If this is not homework, then we don't do hypotheticals.

 

[quincy]

What is the name of your state (only U.S. law)? New York

Hypothetical 1: Before receiving a notice of termination, If grantee makes long term license where performance occurs after the date of actual termination, does the income stay with grantee or revert to recapturing owner?

Hypothetical 2: Same facts as above, except where long term license is made after notice of termination but prior to actual termination?

Is this a real situation where rights in a copyright have been transferred (assigned or licensed) by the copyright holder?

If a license that granted an exclusive right has been revoked by the original copyright holder (e.g., if conditions of the license were violated), then any rights exercised by the licensee after the revocation of the license is copyright infringement.

If an exclusive right was transferred by the copyright holder and terminated, the copyrights in any derivative works created by the licensee under the terms of the transfer will remain with the licensee but the exclusive rights to the copyrights in the original work revert back to the original copyright holder.

Works made for hire are handled differently.

Please explain your real situation or, if your entire question is hypothetical, refer back to Zigner's post.