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, Third Edition of the copyrighted work cannot be effective (and therefore cannot be 'executed') until the work of authorship (and the copyright) come into existence." Gap in Termination Provisions, 76 Fed. Reg. 32,316, 32,316 (June 6, 2011).

In cases where the author agreed, prior to January 1, 1978, to transfer or license the copyright in a work that was created on or after January 1, 1978, the Office may record a notice of termination under Section 203 if the notice states that the date of execution for the grant is the date that the work was created. 37 C.F.R. § 201.10(f)(5).

2310.3(D) How to Prepare and Serve a Notice of Termination Under Section 203

The regulatory requirements for terminating a grant under Section 203 are discussed in Sections 2310.3(D)(1) through 2310.3(D)(3).

2310.3(D)(1) Content Requirements

To terminate a grant under Section 203, the notice of termination must include a clear identification of the following:

• A statement that the grant is being terminated under Section 203.

• The name of each grantee whose rights are being terminated or the name of the grantee's successor in title.

• A statement identifying each address at which the notice is being served.

• The date of execution of the grant.

• If the grant conveyed the right to publish a work, the date of publication of the work under the grant.

• For each work covered by the notice of termination, the title of the work and the name of the author — or in the case of a joint work, the authors — who executed the grant, and if possible and practicable, the original copyright registration number.

• A brief statement reasonably identifying the grant to which the notice of termination applies.

• The effective date of termination.

If an author is deceased and if the right to terminate the grant under Section 203 is being exercised by his or her heirs, the notice also should include the following information:

• The names of the following individuals and a statement identifying his or her relationship to the author:

• The author's surviving widow or widower;

• All of the author's surviving children; and

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