Page:Copyright Office Compendium 3rd Edition - Full.djvu/1173

, Third Edition particular sound recording 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 sound recording 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 sound recording first fixed on or after February 15, 1972?

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

If the answer is "no, the sound recording was first fixed on or before February 14, 1972," the grant cannot be terminated under Sections 203, 304(c), or 304(d).

Question 4: Was the grant executed by the author of the work?

If the answer is "yes," proceed to Question 5.

If the answer is "no," the grant cannot be terminated under Sections 203 or 304(d). To determine if the grant may be eligible for termination under Section 304(c), proceed to Question 7.

Question 5: 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 6.

Question 6: Was the work first fixed on or after January 1, 1978?

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).

If the answer is "no, the work was first fixed on or before December 31, 1977," the grant cannot be terminated under Sections 203 or 304(d). To determine if the grant may be eligible for termination under Section 304(c), proceed to Question 7.

Question 7: Was the grant executed by the author? Was the grant executed by the author's heirs?

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

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