Copyright Compendium

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Chapter 2400

2310.5 (B) Who May Terminate a Grant Under Section 304 (D)?

2310.5 (B) Who May Terminate a Grant Under Section 304 (D)?


As discussed above, a grant may be terminated under Section 304 (D), provided that the author or the author’s heirs have not exercised their right to terminate under Section 304 (C).


If the grant was executed by the author of a work, the grant may be terminated by any of the parties listed in Section 2310.4 (B) (1).


If the grant was executed by the author’s widow, widower, children, executor, or next of

kin, the grant may be terminated by any of the parties listed in Section 2310.4 (B) (2).


NOTE: When a joint author terminates a grant under Section 304 (C), the termination only applies to that author’s share of the ownership of the renewal copyright. In other words, Section 304 (C) permits joint authors to exercise their termination rights separately. Therefore, if a joint author has not exercised his or her right to terminate under Section 304 (C), that author or his or her heirs may terminate the grant under Section 304 (D) – even if other joint author(s) have exercised their right to terminate the grant under Section 304 (C).