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2310.4 (D) (1) Content Requirements

 

2310.4 (D) (1) Content Requirements

 

To terminate a grant under Section 304 (C), the notice of termination must include a clear identification of the information listed below. The same requirements also apply to notices issued under Section 304 (D):

 

• A statement that the grant is being terminated under Sections 304 (C) or 304 (D).

 

• 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.

 

• For each work covered by the notice of termination, the title of the work, the name of at least one author, the date copyright was originally secured, 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 the grant was executed by a person or persons other than the author, the notice also should include a list of the surviving person or persons who executed the grant.

 

If an author is deceased and if the right to terminate the grant under 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:

 

‚àí The author’s surviving widow or widower;

 

‚àí All of the author’s surviving children; and

 

‚àí 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 Section 304 of title 17, U.S.C., or by their duly authorized agents.” 37 C.F.R. § 201.10 (B) (1)(vii) (A)- (B).

 

NOTE: The “[u]se of the word ‘currently,’ is intended to avoid any implication that this paragraph of the regulation itself requires that terminating parties first conduct an investigation.” Part 201-General Provisions Termination of Transfers and Licenses Covering Extended Renewal Term, 42 Fed. Reg. 45,916, 45,918 (Sept. 13, 1977).

 

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 from other documents or records.” 37 C.F.R. § 201.10 (B) (3).