Page:Copyright Office Compendium 3rd Edition - Full.djvu/1165

, Third Edition 2310.7(B) The Completeness Requirement

A notice of termination will be recorded, provided that the remitter submits a complete and exact duplicate of the notice that was served on the grantee.

NOTE: If the terminating party served separate copies of the same notice on more than one grantee or successor in title, the remitter should submit only one copy of the notice.

The document submitted for recordation should contain a statement specifying the date that the notice was served on the grantee and the manner of service [e.g., by personal service, by first class mail]. This statement may be provided in the notice itself or in a separate document.

NOTE: If the notice was served by first class mail, the date of service is the date that the notice was deposited with the U.S. Postal Service.

If the notice of termination appears to be incomplete, if it does not appear to be an exact duplicate of the notice that was served on the grantee, or if it does not specify the date and manner of service, the recordation specialist may communicate with the remitter or may refuse to record the notice.

2310.7(C) The Signature Requirement

A notice of termination may be recorded, provided that it contains the actual signature or a reproduction of the actual signature of the person or persons who signed the notice.

The Office will record a legible photocopy or other legible facsimile reproduction of a signed notice. In such cases, there is no need to submit a sworn certification or an official certification stating that the reproduction is a true copy of the signed notice. Likewise, a signed notice may be recorded, regardless of whether the signature (s) have been verified by a notary public or a certificate of acknowledgment.

Notices that have not been signed will be returned to the remitter. If the remitter subsequently submits a signed copy of the notice, the recordation specialist may record the document if the requirements set forth in Section 2310.7 have been met. The date of recordation will be based on the date that the signed notice was received by the Office.

2310.7(D) The Filing Fee Requirement

To record a notice of termination, the remitter must submit the correct filing fee. The current fee is set forth in the Office's fee schedule. 37 C.F.R. § 201.3(c](16). The amount of the fee is based on the number of grants and the number of titles listed in the notice.

Specifically, the remitter must pay a basic recording fee for each grant that is identified in the notice. The basic recording fee is listed in the fee schedule under the heading "Recordation of a document, including a notice of intention to enforce (single title)"

(www.copyright.gov /docs/ fees.html).

If the notice contains two or more titles the remitter must pay the basic recording fee plus an additional filing fee. The additional filing fee is listed in the fee schedule under

Chapter 2300 : 64

12/22/2014 Chapter _00 : 64