Page:Copyright Office Compendium 3rd Edition - Full.djvu/1154

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Compendium of U.S. Copyright Office Practices, Third Edition

work to which the notice applies. However, this information needs to be provided only if it is possible and practicable.

2310.3(D)(2) Signature Requirements

The notice of termination must be signed by each author who is terminating the grant or by his or her duly authorized agent.

If an author is deceased the notice must be signed by the required number and proportion of the owners of that author's termination interest or by their duly authorized agents. In addition, the notice shall contain a brief statement specifying each person's relationship to the deceased author, such as "widow," "widower," "child," or "grandchild."

If the notice is signed by a duly authorized agent, the notice shall clearly identify the person or persons that the agent represents.

In all cases, the notice should contain a handwritten signature and a typewritten or legibly hand printed statement containing the full name and address of each party or agent who signed the notice.

37C.F.R§201.10(c][3]-C5].

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.

Chapter 2300 : 53

12/22/2014


Chapter _00 : 53
12/22/2014