If the grant was executed by one or more of the authors of the work, the notice of termination for any one author's share must be signed by that author or by his or her duly authorized agent.
If the author is deceased the notice must be signed by the required number and proportion of the heirs who own 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." See Termination of Transfers and Licenses Covering Extended Renewal Term, 42 Fed. Reg. 45,916, 45,919 [Sept. 13, 1977).
If the grant was executed by the author's widow, widower, children, executors, or next of kin, the notice must be signed by all of the surviving person or persons who executed the grant or by their duly authorized agents.
If the notice is signed by a duly authorized agent, the notice shall clearly identify the person or persons whom 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.
37 C.F.R. § 201.10(c)(l)-(2), (4)-(5).
2310.4(D)(3) Service Requirements
For information concerning the requirements for serving a notice of termination under Section 304(c), see Section 2310.3(D)(3).
2310.5 Terminating a Grant Under Section 304(d)
2310.5(A) What Types of Grants May Be Terminated Under Section 304(d)?
In 1998 Congress amended the copyright law by adding another twenty years to the copyright term. For works that were protected by copyright as of January 1, 1978, the length of the copyright term was extended to ninety-five years, consisting of an initial term of twenty-eight years and a renewal term of sixty-seven years.
At the same time, Congress created a procedure that allows an author or the author's heirs to terminate a grant that transferred or licensed the copyright to a third party and to reclaim the copyright for the duration of the twenty-year extension. This procedure is set forth under Section 304(d) of the Copyright Act.
Section 304(d) may be used to terminate a grant executed before January 1, 1978 involving the copyright in the renewal term or any right under the renewal term, provided that the following requirements have been met:
Chapter 2300 : 59
12/22/2014
