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2310.3 (D) (1) Content Requirements

 

2310.3 (D) (1) Content Requirements

 

To terminate a grant under Section 203, the notice of termination must include a clear identification of the following:

 

• A statement that the grant is being terminated under Section 203.

 

• The name of each grantee whose rights are being terminated or the name of the grantee’s successor in title.

 

• A statement identifying each address at which the notice is being served.

 

• The date of execution of the grant.

 

• If the grant conveyed the right to publish the work, the date of publication of the work under the grant.

 

• For each work covered by the notice of termination, the title of the work and the name of the author – or in the case of a joint work, the authors – who executed the grant, and if possible and practicable, the original copyright registration number.

 

• A brief statement reasonably identifying the grant to which the notice of termination applies.

 

• The effective date of termination.

 

If an author is deceased and if the right to terminate the grant under Section 203 is being exercised by his or her heirs, the notice also should include the following information:

 

• The names of the following individuals and a statement identifying his or her relationship to the author:

 

• The author’s surviving widow or widower;

 

• All of the author’s surviving children; and

 

• If any of the author’s children are deceased, all of the surviving children of any such deceased child of that author.

 

• A specific indication of the person or persons executing the notice who constitute more than one-half of that author’s termination interest.

 

In the alternative, the notice may include a statement containing as much information concerning the author’s heirs “as is currently available to the person or persons signing the notice, with a brief explanation of the reasons why full information is or may be lacking,” and “[a] statement that, to the best knowledge and belief of the person or persons signing the notice, the notice has been signed by all persons whose signature is necessary to terminate the grant under 17 U.S.C. [§] 203, or by their duly authorized agents.” 37 C.F.R. § 201.10 (B) (2)(vii) (A)- (B).

 

NOTE: The use of the word “currently” is intended to avoid any implication that the terminating party is required to conduct an investigation in order to comply with this portion of the regulations.

 

In all cases, the terminating party or parties must provide “a complete and unambiguous statement of facts in the notice itself, without incorporation by reference of information in other documents or records.” 37 C.F.R. § 201.10 (B) (3).