Page:Copyright Office Compendium 3rd Edition - Full.djvu/1161

, Third Edition • The grant involves the copyright in a work that was originally registered or published with notice between January 1, 1923 and October 26, 1939.

• The grant was executed by one or more of the following parties:

- The author.

- The author's widow, widower, or children.

- The author's executors.

- The author's next of kin.

• The author or the author's heirs have not exercised the right to terminate the grant under Section 304(c) of the Copyright Act.

Grants executed on or after January 1, 1978 are not subject to termination under Section 304(d). This provision does not apply to grants involving a work that was originally registered or published on or after October 27, 1939. It 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. Likewise, it does not apply if the author or the author's heirs already exercised their right to terminate under Section 304(c).

17 U.S.C. § 304(d); 37 C.F.R. § 201.10.

2310.5(B) Who May Terminate a Grant Under Section 304(d)?

As discussed above, a grant may be terminated under Section 304(d), provided that the author or the author's heirs have not exercised their right to terminate under Section 304(c).

If the grant was executed by the author of a work, the grant may be terminated by any of the parties listed in Section 2310.4(B)(1).

If the grant was executed by the author's widow, widower, children, executor, or next of kin, the grant may be terminated by any of the parties listed in Section 2310.4(B)(2).

NOTE: When a joint author terminates a grant under Section 304(c), the termination only applies to that author's share of the ownership of the renewal copyright. In other words, Section 304(c) permits joint authors to exercise their termination rights separately. Therefore, if a joint author has not exercised his or her right to terminate under Section 304(c), that author or his or her heirs may terminate the grant under Section 304(d) — even if other joint author(s) have exercised their right to terminate the grant under Section 304(c).

2310.5(C) When May a Grant Be Terminated Under Section 304(d)?

A grant may be terminated under Section 304(d) during a five-year termination period. The beginning and the end of this period are based on the month, day, and year that copyright was originally secured in the work. Specifically, the termination period begins

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