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).
2310.4(D)(1)(a) A Copy of the Grant Is Not Required
In most cases, the party issuing the notice of termination will not have a copy of the grant that is being terminated or will not have access to a copy. For these reasons, the terminating party does not need to state the location of the grant document, include an offer to produce it, or attach a copy of the document to the notice.
2310.4(D)(1)(b) Date of Execution Not Required
The notice of termination must identify the date that the copyright was secured, but it does not need to identify the date of the grant.
2310.4(D)(1)(c) Naming the Author and His or Her Heirs
Parties are encouraged to provide the name of at least one author of the work(s) listed in the notice of termination, because this information may be useful in identifying the work(s) to which the notice applies.
As discussed in Section 2310.4(B)(1), a grant may be terminated under Section 304 by any of the granting authors, or that author's surviving heirs, to the extent of that author's share of the copyright. For this reason, there is no need to identify all the authors of the work or to demonstrate unanimity, majority interest, or the like, among granting co-authors.
Likewise, when issuing a notice of termination on behalf of an author who is deceased, there is no need to provide information as to other, non-terminating, surviving authors or the surviving heirs of other deceased authors.
2310.4(D)(1)(d) Providing a Registration Number
Providing a registration number may be useful in identifying the work to which the notice of termination applies. However, this information is not required.
2310.4(D)(2) Signature Requirements
This Section discusses the signature requirements for terminating a grant under Section 304(c). The same requirements also apply to a notice of termination issued under Section 304(d).
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