2310.13 (C) Termination Questionnaire for Architectural Works
This questionnaire may be useful in determining if a grant involving an architectural work may be eligible for termination under Section 203 of the Copyright Act. (A grant involving this type of work cannot be terminated under Sections 304 (C) or 304 (D) of the statute.)
NOTE: If the grant involves a sound recording, the questionnaire set forth in Section 2310.13 (B) may be used to make this determination. The questionnaire set forth in Section 2310.13 (A) may be used for a grant involving 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 grant cannot be terminated under Sections 203, 304 (C), or 304 (D).
If the answer is “no,” proceed to Question 2.
Question 2: Is the architectural 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 architectural 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 architectural 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,” 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 cannot be terminated under Sections 203, 304 (C), or 304 (D).