Page:Copyright Office Compendium 3rd Edition - Full.djvu/1169

, Third Edition 2310.13(A) General Questionnaire

This questionnaire may be useful in determining whether a grant may be eligible for termination under Sections 203, 304(c), or 304(d) of the Copyright Act (although if the grant involves a sound recording or an architectural work the questionnaires set forth in Sections 2310.13(B) or 2310.13(C) should be used instead).

Question 1: Was the grant made by will, bequest, or other form of inheritance?

If the answer is "yes," the grant cannot be terminated under Sections 304(c) or 304(d).

If the answer is "no," proceed to Question 2.

Question 2: Is the work a "work made for hire"?

NOTE: The U.S. Copyright Office has created a separate "work made for hire questionnaire," which may be useful in determining whether a particular work may be considered a work made for hire. This questionnaire is set forth in Chapter 500, Section 506.4(B).

If the answer is "yes, the work is a work made for hire," the grant cannot be terminated under Sections 203, 304(c), or 304(d).

If the answer is "no," proceed to Question 3.

Question 3: Was the grant executed by the author of the work?

If the answer is "yes," proceed to Question 4.

If the answer is "no," the grant cannot be terminated under Section 203. To determine if the grant may be eligible for termination under Sections 304(c) or 304(d), proceed to Question 6.

Question 4: Was the grant made on or after January 1, 1978?

If the answer is "yes," the grant may be eligible for termination under Section 203. For information concerning the procedure for terminating a grant under this provision, see Section 2310.3.

If the answer is "no, the grant was made on or before December 31, 1977," proceed to Question 5.

Question 5: Was the work created on or after January 1, 1 978?

If the answer is "yes," the grant may be eligible for termination as a gap grant under Section 203. For information concerning the procedure for terminating a gap grant, see Section 2310.3(C)(3).

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12/22/2014 Chapter _00 : 68