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2310.12 Harmless Errors in a Notice of Termination

2310.12 Harmless Errors in a Notice of Termination


Harmless errors in a notice of termination do not render the notice invalid. As a general rule, an error may be considered harmless if it “do[es] not materially affect the adequacy of the information required” under sections 203, 304 (C), or 304 (D) of the statute. 37

C.F.R. § 201.10 (E) (1).


The following are representative examples of harmless errors that will not affect the validity of a notice, provided that the errors were made in good faith and without any intention to deceive, mislead, or conceal relevant information:


• Errors in identifying the date of registration or registration number.


• Errors in listing the names of the author’s heirs.


• Errors in describing the precise relationships between the author and his or her heirs.


See 37 C.F.R. § 201.10 (E) (2).


If it turns out that the date of execution specified in the notice of termination is not the actual date of execution of the grant, the error may be considered harmless if it is as accurate as the terminating party is able to ascertain, and if the date is provided in good faith and without any intention to deceive, mislead, or conceal relevant information. See id. Providing an erroneous date of execution, however, may not be considered harmless if the grant would have properly been subject to termination under section 203, rather than section 304 (or vice versa). See 37 C.F.R. § 201.10 (E) (1) (requiring that the error not “materially affect the adequacy of the information required to serve the purposes of 17 U.S.C. [§§] 203, 304 (C), or 304 (D), whichever applies”).