Also known as:termination rights · right of termination · rights of termination · right to terminate · termination clause · exit right
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in landlord-tenant law
A tenant's power to end a leasehold by vacating the leased property while the right exists. The tenant must also follow any lease terms on the method of termination or, absent such terms, take reasonable steps to inform the landlord of the decision and its reason.
2
Sense 1
1
in landlord-tenant law
A tenant's power to end a leasehold by vacating the leased property while the right exists. The tenant must also follow any lease terms on the method of termination or, absent such terms, take reasonable steps to inform the landlord of the decision and its reason.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Restatements
Sense 2
2
in copyright law
An author's statutory power to terminate a prior grant of copyright interests in a work, available notwithstanding any agreement to the contrary.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
An author's statutory power to terminate a prior grant of copyright interests in a work, available notwithstanding any agreement to the contrary.
Each sense below has its own examples, sources, and questions.
Examples1
Tenant Ends Lease After Mold Discovery
Tonya Takahashi leased a training facility from Threshold Capital for her minor-league team. When mold appeared in the locker rooms, she removed all equipment, vacated the premises mid-season, and emailed the landlord stating the health reason for ending the arrangement. Because she both left the property and gave direct notice of her decision and its basis, her termination right took effect under the governing standard.
Frequently Asked1
What steps must a tenant take to exercise a termination right under a lease?+
The tenant must vacate the property while the right exists, follow any lease-specified method of termination, and if no method is stated, give the landlord reasonable notice of the decision and its reason. These requirements ensure the landlord receives clear knowledge that the tenancy has ended.
Supporting sources
1
Author Reclaims Copyright After Grant
Tara Tran created illustrations for a comic series and later assigned the copyright to Topaz Mining under a written agreement. Years afterward she exercised her termination right by serving the required notice on the company. The assignment ended, restoring her ownership even though the original contract contained no termination clause.
COMMUNITY FOR CREATIVE NON-VIOLENCE, et al., Petitioners v. REID, Respondent490 U.S. 730, 737 (1989)
Frequently Asked2
Does an author's termination right in copyright survive an agreement that appears to waive it?+
Yes. The right remains available to the author or heirs notwithstanding any agreement to the contrary, including agreements to make a will or future grants. Courts treat attempts to recharacterize a work as one made for hire as impermissible efforts to evade the right.
Supporting sources
How does classifying a work as made for hire affect termination rights?+
A work made for hire vests initial copyright ownership in the employer or commissioning party, eliminating the author's termination right entirely. The classification therefore controls not only ownership but also the availability of later termination under the statute.
Supporting sources
490 U.S. 730, 737 (1989)Intellectual Property Law
…the initial ownership of its copyright, but also the copyright’s duration, § 302(c), and the owners’ renewal rights, § 304(a), termination rights, § 203(a), and right to import certain goods bearing the copyright, § 601(b)(1). The contours of the work for hire doctrine therefore carry profound significance for freelance creators —…
ContractsFormation of contracts · Mutual assent (offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)NEXTGENFoundational