united-states copyright licensing
How can a copyright liccense be irrevocable under US law
<p>The various creative commons licenses and various copy-left and similar licenses all claim to be &quot;perpetual&quot; or &quot;irrevocable&quot; -- to last for the term of the copyright. For example, the <a href="https://creativecommons.org/licenses/by/4.0/legalcode" rel="nofollow noreferrer">CC-BY 4.0 license</a> says:</p>
<blockquote>
<p>Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material</p>
</blockquote>
<p>The other CC license include a similar provision.</p>
<p>But <a href="https://www.copyright.gov/title17/92chap2.html" rel="nofollow noreferrer">17 USC 203</a> says:</p>
<blockquote>
<p>In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions</p>
</blockquote>
<p>...</p>
<blockquote>
<p>(3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.</p>
<p>(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee’s successor in title.</p>
</blockquote>
<p><a href="https://www.copyright.gov/docs/203.html" rel="nofollow noreferrer">This document from the US Copyright office</a> describes the law and the process under it. So does <a href="https://www.wipo.int/wipo_magazine/en/2012/04/article_0005.html" rel="nofollow noreferrer">this article from WIPO magazine</a>. <a href="https://www.lawfirms.com/resources/intellectual-property/derivative-works" rel="nofollow noreferrer">This short article from a law office</a> summarizes the provisions of Sections 203 and 304 of Title 17 (the US Copyright Law). <a href="https://www.authorsguild.org/member-services/legal-services/terminating-transfers/" rel="nofollow noreferrer">This article from the Author's Guild</a> summerizes the law from the POV of a literary author.</p>
<p>Given this provision, how can such licenses for US works plausibly claim to be &quot;irrevocable&quot;? Cannot the author or rights-holder terminate any such license after 35 years under this procedure?</p>

<p><a href="http://gregpiccionelli.com/index.php?option=com_content&amp;view=article&amp;id=156:welcome-to-the-era-of-copyright-recapture&amp;catid=87&amp;Itemid=1258" rel="nofollow noreferrer">This article</a> notes that the era of copyright recapture began on January 1, 2013, and cites a successful revocation of a license grant (<a href="https://cases.justia.com/federal/district-courts/california/casdce/3:2011cv01557/357493/30/0.pdf?ts=1428879391" rel="nofollow noreferrer">Scorpio Music S.A. v. Willis</a>), a case complicated by multiple authorship. In fact, <a href="https://www.law.cornell.edu/uscode/text/17/203" rel="nofollow noreferrer">17 USC 203(a)(5)</a> guaranteed the right to terminate a license even when there is a contract:</p>

<blockquote>
  <p>Termination of the grant may be effected notwithstanding any agreement
  to the contrary, including an agreement to make a will or to make any
  future grant.</p>
</blockquote>

<p>It might be difficult to comply with 17 USC 203(a)(4), in the case of GPL, or off-the-shelf software:</p>

<blockquote>
  <p>(4) The termination shall be effected by serving an advance notice in
  writing, signed by the number and proportion of owners of termination
  interests required under clauses (1) and (2) of this subsection, or by
  their duly authorized agents, upon the grantee or the grantee’s
  successor in title.</p>
  
  <p>(A) The notice shall state the effective date of the termination,
  which shall fall within the five-year period specified by clause (3)
  of this subsection, and the notice shall be served not less than two
  or more than ten years before that date. A copy of the notice shall be
  recorded in the Copyright Office before the effective date of
  termination, as a condition to its taking effect.</p>
  
  <p>(B) The notice shall comply, in form, content, and manner of service,
  with requirements that the Register of Copyrights shall prescribe by
  regulation.</p>
</blockquote>
