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2310.13 (B) Termination Questionnaire for Sound Recordings

 

2310.13 (B) Termination Questionnaire for Sound Recordings

 

This questionnaire may be useful in determining if a grant involving a sound recording may be eligible for termination under Sections 203 or 304 (C) of the Copyright Act. (A grant involving this type of work cannot be terminated under Section 304 (D) of the statute.)

 

NOTE: If the grant involves an architectural work, the questionnaire set forth in Section 2310.13 (C) may be used to make this determination. The questionnaire set forth in Section 2310.13 (A) may be used if the grant involves any other type of work.

 

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

 

If the answer is “yes,” the agreement cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

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

 

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

 

NOTE: The U.S. Copyright Office has created a “work made for hire questionnaire,” which may be useful in determining whether a particular sound recording 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 sound recording 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 sound recording first fixed on or after February 15, 1972?

 

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

 

If the answer is “no, the sound recording was first fixed on or before February 14, 1972,” the grant cannot be terminated under Sections 203, 304 (C), or 304 (D).

 

Question 4: Was the grant executed by the author of the work?

 

If the answer is “yes,” proceed to Question 5.

 

If the answer is “no,” the grant cannot be terminated under Sections 203 or 304 (D). To determine if the grant may be eligible for termination under Section 304 (C), proceed to Question 7.

 

Question 5: 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 6.

 

Question 6: Was the work first fixed 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 first fixed on or before December 31, 1977,” the grant cannot be terminated under Sections 203 or 304 (D). To determine if the grant may be eligible for termination under Section 304 (C), proceed to Question 7.

 

Question 7: 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 8.

 

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

 

Question 8: Has the sound recording been published?

 

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

 

If the answer is “no, the sound recording has not been published,” the grant cannot be terminated under Sections 304 (C) or 304 (D). To determine if the grant may be eligible for termination under Section 203, proceed to Question 3.

 

Question 9: Was the sound recording first published on or before December 31, 1977?

 

If the answer is “yes,” proceed to Question 10.

 

If the answer is “no, the sound recording was first published on or after January 1, 1978,” the grant cannot be terminated under Sections 304 (C) or 304 (D). To determine if the grant may be eligible for termination under Section 203, proceed to Question 3.

 

Question 10: Was the sound recording first published on or after February 15, 1972?

 

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 grant cannot be terminated under Sections 304 (C) or 304 (D). To determine if the grant may be eligible for termination under Section 203, proceed to Question 3.