remitters should send the notice and the filing fee to the appropriate address in all cases.
NOTE: The remitter should not submit a notice of termination with Form DCS. As discussed in Sections 2309.7 and 2309.12, Form DCS should only be used if the remitter intends to record a transfer of copyright ownership or other document pertaining to copyright.
2310.7 Recordation Requirements for Notices of Termination
A notice of termination may be recorded with the Copyright Office, provided that the grant is eligible for termination under Sections 203, 304(c), or 304(d) of the Copyright Act and provided the following requirements have been met:
• The notice is legible.
• The notice is complete.
• The notice bears the actual signature or signatures of the person or persons who signed the notice.
• The notice is submitted together with the correct filing fee.
If a notice does not comply with these requirements, the recordation specialist may communicate with the remitter, may refuse to record the notice, or may refuse to index the notice as a notice of termination.
The legibility, completeness, signature, and filing fee requirements are discussed in more detail in Sections 2310.7(A) through 2310.7(D) below.
2310.7(A) The Legibility Requirement
A notice of termination may be recorded, provided that it is legible and is capable of being imaged or otherwise reproduced in legible copies using the technology employed by the U.S. Copyright Office.
A notice should be submitted in a visually perceptible form, it should be sufficiently legible for the recordation specialist to examine and index the contents of the notice, and it should be sufficiently legible for the Office to scan the notice into the public record. To facilitate the imaging process, notices and any attachments thereto should be 8 % by 11 inches in size, and the pages should be clipped together rather than stapled.
When the Office records a notice of termination, it creates a public record that reflects the nature of the document. These records may be searched by entering certain key information, such as the title of the work. If the notice is illegible or if it cannot be legibly reproduced by the Office, the recordation specialist may communicate with the remitter or may refuse to record the notice.
37C.F.R.§201.10(f)(l)(iii).
Chapter 2300 : 63
12/22/2014
