Ruling Clarifies Section 203 of the Copyright Act
[Seattle, WA] — The Ninth Circuit Court of Appeals reversed a decision from the U.S. District Court in favor of The Aquarian Foundation, represented by Tim Billick. The case regards the termination of a copyright license and the application of Section 203 of the Copyright Act. In overturning the lower court ruling, the Ninth Circuit found that the lower court misinterpreted the statute which governs the termination of transfers and licenses granted by authors.
Lower court misinterpreted Section 203
Under Section 203, authors or their statutory heirs can terminate an indefinite copyright license 35 years after its execution. However, the Ninth Circuit disagreed with the lower court’s ruling and determined that Section 203 does not apply to organizations such as The Aquarian Foundation, which are not statutory heirs. Therefore, they’re not subject to the same restrictive “Conditions of Termination” outlined in the statute.
Victory for common sense
Tim Billick says, “This case was complicated by disputes over the validity of the license, unavailability of key witnesses, and a lengthy legal process. But the Ninth Circuit’s decision was a victory for common sense and ensures non-statutory heirs are not unfairly burdened by Section 2023.
The Ninth Circuit’s ruling marks a significant legal victory for those seeking clarity on the application of copyright termination rights.
