Page:Copyright Office Compendium 3rd Edition - Full.djvu/1175

, Third Edition 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 203, 304(c), or 304(d).

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

Question 2: Is the architectural 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 architectural 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 architectural 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," 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 cannot be terminated under Sections 203, 304(c), or 304(d).

2311 Abandonment

The U.S. Copyright Office may record an affidavit, declaration, statement, or any other document purporting to abandon a claim to copyright or any of the exclusive rights granted to copyright owners under Sections 106 or 106A of the Copyright Act, provided that the following requirements have been met:

• Content of the document. The document should identify the claim that is subject to the abandonment, preferably including the author(s), title(s), and registration number(s) for the works (if any). It should provide the full name of the party who signed the document, and it should state that the party is the current owner or co- owner of the copyright and/or the exclusive rights in the work. It should state that the rights specified in the document have been abandoned. The document does not need to provide a reason or justification for the owner's decision to abandon the copyright and/or the exclusive rights specified in the document. However, the document should be legible and capable of being imaged or otherwise reproduced by the technology employed by the Office at the time of its submission. 37 C.F.R. § 201.4(c)(3).

• Signature. The document should be signed by the current owner or co-owners of the rights specified in the document or by an authorized representative of such

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