Copyright Compendium

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Chapter 2400

2310.4 (B) Who May Terminate a Grant Under Section 304 (C)?

2310.4 (B) Who May Terminate a Grant Under Section 304 (C)? 2310.4 (B) (1) Grants Executed by the Author


A grant executed by the author of a work may be terminated by that individual under Section 304 (C).


If the grant was executed by two or more authors of a joint work, the grant may be terminated by any of the joint authors who executed the grant. “There is no requirement of unanimity, majority interest, or the like, among granting co-authors.” Termination of Transfers and Licenses Covering the Extended Renewal Term, 42 Fed. Reg. 45,916, 45,917 (Sept. 13, 1977). When a particular author issues a notice of termination under Section 304 (C), the termination only applies to that author’s share of the ownership of the renewal copyright.


If an author or co-author is deceased and if that individual never exercised his or her right to terminate, the grant may be terminated under Section 304 (C) (1)- (2) by the heirs holding a majority of the author’s termination interest. The heirs may include the author’s widow or widower, the author’s children, and/or the children of any child who predeceased the author.


If all of the author’s heirs are deceased and if the author never exercised his or her right to terminate, the grant may be terminated under Section 304 (C) (2) (D) by the author’s executor, administrator, personal representative, or trustee.