Page:Copyright Office Compendium 3rd Edition - Full.djvu/1172

, Third Edition Question 1 6: Was the work first registered with the U.S. Copyright Office on or after January 1, 1933?

If the answer is "yes," proceed to Question 17.

If the answer is "no, the work was first registered on or before December 31, 1932," the grant cannot be terminated under Sections 203, 304(c), or 304(d).

Question 1 7: Has the author exercised his or her right to terminate the grant under Section 304(c)? Have the author's heirs exercised their right to terminate the grant under Section 304(c)?

NOTE: If the author is deceased, the author's "heirs" may include the author's widow, widower, or children (if any) the author's executor (if the author's widow, widower, and children (if any) are deceased) or the author's next of kin (if the author died without leaving a will).

If the answer to either of these questions is "yes," the grant cannot be terminated under Sections 203, 304(c), or 304(d).

If the answer to both of these questions is "no," the grant may be eligible for termination under Section 304(d). For information concerning the procedure for terminating a grant under this provision, see Section 2310.5.

2310.13(B) Termination Questionnaire for Sound Recordings

This questionnaire may be useful in determining if a grant involving a sound recording may be eligible for termination under Sections 203 or 304(c) of the Copyright Act. (A grant involving this type of work cannot be terminated under Section 304(d) of the statute.)

NOTE: If the grant involves an architectural work, the questionnaire set forth in Section 2310.13(C) may be used to make this determination. The questionnaire set forth in Section 2310.13(A) may be used if the grant involves any other type of work.

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

If the answer is "yes," the agreement cannot be terminated under Sections 203, 304(c), or 304(d).

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

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

NOTE: The U.S. Copyright Office has created a "work made for hire questionnaire," which may be useful in determining whether a

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