Page:Copyright Office Compendium 3rd Edition - Full.djvu/1168

, Third Edition The date of recordation for a notice of termination is the date when the Office receives the proper filing fee and a notice that satisfies the relevant requirements set forth in Section 201.10(f) of the regulations, regardless of when the recordation specialist examines and records the notice.

If the notice and the filing fee are received on different dates, the date of recordation is based on the date of receipt for the last item that is received by the Office. Likewise, if the notice is returned to the remitter for correction, the date of recordation is based on the date that the corrected notice is received by the Office.

See 37 C.F.R. § 201.10(f)(3); see also Filing of Agreements Between Copyright Owners and Public Broadcasting Entities, Termination of Transfers and Licenses Covering the Extended Renewal Terms, Etc., 41 Fed. Reg. 221, 221 (Nov. 15, 1976).

2310.11 Recording a Notice of Termination Distinguished from the Legal Sufficiency of a Termination Notice

Recording a notice of termination with the U.S. Copyright Office is a mandatory requirement for terminating a grant under Sections 203, 304(c), or 304(d). However, the fact that the Office recorded a notice of termination does not create a legal presumption that the termination has been properly effected or that the notice is valid.

2310.12 Harmless Errors in a Notice of Termination

Harmless errors in a notice of termination do not render the notice invalid. The following are representative examples of harmless errors that will not affect the validity of a notice, provided that the errors were made in good faith and without any intention to deceive, mislead, or conceal relevant information:

• Errors in identifying the date of registration or registration number.

• Errors in listing the names of the author's heirs.

• Errors in describing the precise relationships between the author and his or her heirs.

If the date of execution specified in the notice of termination turns out not to be the actual date of execution of the grant, the error may be considered harmless if it is as accurate as the terminating party is able to ascertain and if the date is provided in good faith and without any intention to deceive, mislead, or conceal relevant information.

2310.13 Is the Grant Subject to Termination Under Sections 203, 304(c), or 304(d)?

The author or the author's heirs — not the U.S. Copyright Office — must determine whether a grant is eligible for termination under Sections 203, 304(c), or 304(d). Upon request, the Office will provide general information about these provisions and will explain the relevant procedures for recording a notice of termination. The Office cannot provide specific legal advice on the rights of persons, issues involving a particular use of a copyrighted work, or other matters of a similar nature.

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12/22/2014 Chapter _00 : 67