See 17 U.S.C. § 304(a)(1)(C), (c).
Grants executed on or after January 1, 1978 are not subject to termination under Section 304(c). Likewise, this provision does not apply to grants made by will, grants involving a work made for hire, or grants involving rights arising under any other federal, state, or foreign law.
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)(l)-(2) by a majority of the author's heirs. 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.
2310.4(B)(2) Grants Executed by Persons Other Than the Author
As discussed above, a grant executed by one or more of the following persons may be terminated under Section 304(c):
• The author's widow, widower, or children.
• The author's executors.
• The author's next of kin.
If the grant was executed by one person, the right to terminate must be exercised by that individual.
If the grant was executed by two or more persons, the grant must be unanimously terminated by all of the individuals who executed the grant. If one or more of those persons is deceased, the grant must be unanimously terminated by the other persons who are alive as of the date that the termination is made.
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