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2310.3 (D) (3) Service Requirements

 

2310.3 (D) (3) Service Requirements

 

This Section discusses the requirements for serving a notice of termination under Section 203. The same requirements also apply to notices issued under Sections 304 (C) or 304 (D).

 

A notice of termination must be served upon each grantee whose rights are being terminated, or the grantee’s successor in title. The notice must be served by personal service or by first class mail. Service by registered mail or certified mail is not required.

 

The notice must be sent to the address that, after a reasonable investigation, is found to be the last known address of the grantee or successor in title.

 

The service requirements set forth in the statute will be satisfied if the terminating party takes the following steps:

 

• The person or persons executing the notice conducts a reasonable investigation before the notice is served as to the current ownership of the rights being terminated; and

 

• If there is no reason to believe that such rights have been transferred by the grantee to a successor in title, the notice is served on the grantee; or

 

• If there is reason to believe that such rights have been transferred by the grantee to a particular successor in title, the notice is served on that successor in title.

 

In this context, a “reasonable investigation” includes, but is not limited to the following:

 

• A search of the records in the U.S. Copyright Office.

 

• In the case of grant involving a musical composition where the performing rights are licensed by a performing rights society, a reasonable investigation also includes a report from that society identifying the person or persons claiming current ownership of the rights being terminated.

 

37 C.F.R. § 201.10 (D) (1)- (3)