Page:Copyright Office Compendium 3rd Edition - Full.djvu/1174

, Third Edition 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," proceed to Question 8.

If the answer to both of these questions is "no," the grant cannot be terminated under Sections 203, 304(c), or 304(d).

Question 8: Has the sound recording been published?

If the answer is "yes," proceed to Question 9.

If the answer is "no, the sound recording has not been published," the grant cannot be terminated under Sections 304(c) or 304(d). To determine if the grant may be eligible for termination under Section 203, proceed to Question 3.

Question 9: Was the sound recording first published on or before December 31, 1977?

If the answer is "yes," proceed to Question 10.

If the answer is "no, the sound recording was first published on or after January 1, 1978," the grant cannot be terminated under Sections 304(c) or 304(d). To determine if the grant may be eligible for termination under Section 203, proceed to Question 3.

Question 10: Was the sound recording first published on or after February 15, 1972?

If the answer is "yes," the grant may be eligible for termination under Section 304(c). For information concerning the procedure for terminating a grant under this provision, see Section 2310.4.

If the answer is "no," the grant cannot be terminated under Sections 304(c) or 304(d). To determine if the grant may be eligible for termination under Section 203, proceed to Question 3.

2310.13(C) Termination Questionnaire for Architectural Works

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

NOTE: If the grant involves a sound recording, the questionnaire set forth in Section 2310.13(B) may be used to make this determination. The questionnaire set forth in Section 2310.13(A) may be used for a grant involving any other type of work.

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