Yet, the Court ruled that the 1992 agreement implicitly trafficked away that future termination right.
This constituted a fair bargained for exchange because the Shusters were able to leverage their termination right in making the agreement.
The judge determined that the Shusters were aware of their termination right and presumably used it as leverage in the 1992 negotiation.
The Shuster heirs would not have had their initial termination right until 1994 because of the intricacies of the previous 1909 Act, to which Superman is subject.
In this case, the Shusters entered into the agreement in 1992 in which they leveraged their termination right for more money, just as Congress intended, and signed away that future termination right.
Although the Copyright Act generally does not allow an artist or his heirs to agree not to exercise a termination right, the judge determined this did not apply to the 1992 agreement.
The Court ruled that just because an agreement barred further exercise of the termination right, it did not run afoul of the statute which does not permit an initial agreement that prospectively eliminates the termination right.
Afraid that grantees like DC would reap the benefit of these 19 years without fair compensation to authors, Congress included a termination right, allowing authors to take back the rights in their works before the extended period took effect.
Although they may have made what now looks like a bad deal, it did not entitle them to termination under the Copyright Act because that bad deal was made with the knowledge and power of the termination right as it stood in 1992.
For those criticizing this process, would you deny Francisco Mendoza the right to appeal his termination?
Caitriona Ruane said the move by the DUP's Paul Givan and the SDLP's Alban Maginness was an attempt to restrict a woman's right to obtain a termination in life-threatening circumstances.
Sinn Fein's Caitriona Ruane has said the planned amendment by the DUP's Paul Givan and the SDLP's Alban Maginness is an attempt to restrict a woman's right to obtain a termination in life-threatening circumstances.
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