Guide · The business of songwriting

The 35-year rule in music

Under section 203 of the US Copyright Act, an author can terminate a transfer or licence of copyright they granted, during a five-year window that starts 35 years after the grant. It does not apply to works made for hire, and strict notice rules apply. This is general information, not legal advice.

Updated 20 Oct 2026

What the rule says

Section 203 covers grants of copyright, or any right under it, that an author executed on or after 1 January 1978, other than by will. Termination may happen during a five-year window that begins 35 years after the grant was executed. If the grant covers the right of publication, the window begins at the earlier of 35 years after publication under the grant or 40 years after execution. It does not apply to works made for hire. (Source: 17 U.S.C. section 203, copyright.gov/title17/92chap2.html, checked 20 Oct 2026.)

Notice rules

The notice must state an effective date inside the five-year window. It must be served at least two years and no more than ten years before that date, and a copy must be recorded with the Copyright Office before the effective date. (17 U.S.C. section 203(a)(4), checked 20 Oct 2026.) The Copyright Office says the notice must be written and signed, served on the grantee or their successor (section 203(a)(4)), and recorded, with a cover sheet (Form TCS) and the filing fee set in 37 CFR 201.3(c). Its page gives no dollar amount. (copyright.gov, Notices of Termination, checked 20 Oct 2026.)

Who can terminate (17 U.S.C. section 203, checked 20 Oct 2026)

• For a grant by one author, the author. If the author has died, the persons owning more than one half of the termination interest. (section 203(a)(1))
• For a grant by joint authors, a majority of the authors who signed it. (section 203(a)(1))
• If the author has died, the interest passes to the widow or widower, children and grandchildren, with the executor as a fallback. (section 203(a)(2))
• Termination may take place despite any agreement to the contrary. (section 203(a)(5))

Older grants

Grants made before 1978 are covered by other sections (304(c) and 304(d)), with different rules. The Copyright Office's page on notices of termination explains which section applies. (copyright.gov, checked 20 Oct 2026.)

Why songwriters hear about it

Songwriters who signed away rights early in a career, such as in a publishing or record deal, may have a right to take them back after the window opens. Whether it applies to your grant, and how to calculate the dates, is a legal question. Ask a music lawyer before you serve a notice, because the deadlines are strict.

Common questions

What is the 35-year rule in music?

Under section 203 of the US Copyright Act, an author can terminate a grant of copyright in a five-year window that starts 35 years after the grant.

Does it apply to works made for hire?

No. Section 203 does not apply to works made for hire.

How much notice is needed?

At least two years and no more than ten years before the effective date, with a copy recorded before that date.

Can a contract say I cannot terminate?

Section 203 says termination may take place despite any agreement to the contrary.

Is this legal advice?

No. It is general information based on the Copyright Office's published text. Ask a music lawyer.