Case-by-Case: Most Sound Recording Copyright Assignments Should be Terminable

Since becoming exercisable in 2013, termination of transfer rights under section 203 of the Copyright Act have had little impact on the music industry as a whole. Recent class-action lawsuits by recording artists have sought to change that. In the final substantive opinion on the matter, the Second Circuit expressed the necessity of evaluating termination and possible defenses on a case-by-case basis. It may not be the win recording artists were hoping for, but it leaves the door open for them to regain their copyrights; and, for the moment, puts to rest the claim that all sound recordings are works made for hire. This Article surveys the implications of case-by-case work made for hire determinations on the viability of sound recording reversion attempts by recording artists going forward. This Article also explores the variety of ways in which record labels have tried and will continue to try to stave off the termination attempts by artists. This Article concludes with suggestions to make section 203 more accessible to artists while also reducing risk for record labels and other assignees.