Copyright Compendium

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Chapter 2400

2310.13 (A) General Questionnaire

 

2310.13 (A) General Questionnaire

 

This questionnaire may be useful in determining whether a grant may be eligible for termination under Sections 203, 304 (C), or 304 (D) of the Copyright Act (although if the grant involves a sound recording or an architectural work the questionnaires set forth in Sections 2310.13 (B) or 2310.13 (C) should be used instead).

 

Question 1: Was the grant made by will, bequest, or other form of inheritance?

 

If the answer is “yes,” the grant cannot be terminated under Sections 304 (C) or 304 (D).

 

If the answer is “no,” proceed to Question 2.

 

Question 2: Is the work a “work made for hire”?

 

NOTE: The U.S. Copyright Office has created a separate “work made for hire questionnaire,” which may be useful in determining whether a particular work may be considered a work made for hire. This questionnaire is set forth in Chapter 500, Section 506.4 (B).

 

If the answer is “yes, the work is a work made for hire,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

If the answer is “no,” proceed to Question 3.

 

Question 3: Was the grant executed by the author of the work?

 

If the answer is “yes,” proceed to Question 4.

 

If the answer is “no,” the grant cannot be terminated under Section 203. To determine if the grant may be eligible for termination under Sections 304 (C) or 304 (D), proceed to Question 6.

 

Question 4: Was the grant made on or after January 1, 1978?

 

If the answer is “yes,” the grant may be eligible for termination under Section 203. For information concerning the procedure for terminating a grant under this provision, see Section 2310.3.

 

If the answer is “no, the grant was made on or before December 31, 1977,” proceed to Question 5.

 

Question 5: Was the work created on or after January 1, 1978?

 

If the answer is “yes,” the grant may be eligible for termination as a gap grant under Section 203. For information concerning the procedure for terminating a gap grant, see Section 2310.3 (C) (3).

 

If the answer is “no, the work was created on or before December 31, 1977,” the grant cannot be terminated under Section 203. To determine if the grant may be eligible for termination under Sections 304 (C) or 304 (D), proceed to Question 6.

 

Question 6: Was the grant executed by the author? Was the grant executed by the author’s heirs?

 

NOTE: If the author is deceased, the author’s “heirs” may include the author’s widow, widower, or children (if any), the author’s executor (if the author’s widow, widower, and children (if any) are deceased), or the author’s next of kin (if the author died without leaving a will).

 

If the answer to either of these questions is “yes,” proceed to Question 7. If the answer to both of these questions is “no,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

Question 7: Has the work been published?

 

If the answer is “yes,” proceed to Question 8.

 

If the answer is “no” proceed to Question 10.

 

Question 8: Was the work first published on or before December 31, 1977?

 

If the answer is “yes,” proceed to Question 9.

 

If the answer is “no, the work was first published on or after January 1, 1978” proceed to Question 10.

 

Question 9: Was the work first published on or after January 1, 1952?

 

If the answer is “yes,” the grant may be eligible for termination under Section 304 (C). For information concerning the procedure for terminating a grant under this provision, see Section 2310.4.

 

If the answer is “no, the work was first published on or before December 31, 1951,” the grant cannot be terminated under Sections 203 or 304 (C). To determine if the grant may be eligible for termination under Section 304 (D), proceed to Question 13.

 

Question 10: Has the work been registered with the U.S. Copyright Office?

 

If the answer is “yes,” proceed to Question 11.

 

If the answer is “no,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

Question 11: Was the work first registered with the Copyright Office on or before December 31, 1977?

 

If the answer is “yes,” proceed to Question 12.

 

If the answer is “no, the work was first registered on or after January 1, 1978,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

Question 12: Was the work first registered with the Copyright Office on or after January 1, 1952?

 

If the answer is “yes,” the grant may be eligible for termination under Section 304 (C). For information concerning the procedure for terminating a grant under this provision, see Section 2310.4.

 

If the answer is “no, the work was first registered on or before December 31, 1951,” the grant cannot be terminated under Sections 203 or 304 (C). To determine if the grant may be terminated under Section 304 (D), proceed to Question 13.

 

Question 13: Was the work first published on or before October 26, 1939?

 

If the answer is “yes,” proceed to Question 14.

 

If the answer is “no, the work was first published on or after October 27, 1939,” proceed to Question 15.

 

Question 14: Was the work first published on or after January 1, 1933?

 

If the answer is “yes,” proceed to Question 17.

 

If the answer is “no, the work was first published on or before December 31, 1932,” the grant is not eligible for termination under Sections 203, 304 (C), or 304 (D).

 

Question 15: Was the work first registered with the U.S. Copyright Office on or before October 26, 1939?

 

If the answer is “yes,” proceed to Question 16.

 

If the answer is “no, the work was first registered on or after October 27, 1939,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

Question 16: Was the work first registered with the U.S. Copyright Office on or after January 1, 1933?

 

If the answer is “yes,” proceed to Question 17.

 

If the answer is “no, the work was first registered on or before December 31, 1932,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

Question 17: Has the author exercised his or her right to terminate the grant under Section 304 (C)? Have the author’s heirs exercised their right to terminate the grant under Section 304 (C)?

 

NOTE: If the author is deceased, the author’s “heirs” may include the author’s widow, widower, or children (if any) the author’s executor (if the author’s widow, widower, and children (if any) are deceased) or the author’s next of kin (if the author died without leaving a will).

 

If the answer to either of these questions is “yes,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

If the answer to both of these questions is “no,” the grant may be eligible for termination under Section 304 (D). For information concerning the procedure for terminating a grant under this provision, see Section 2310.5.