[Federal Register Volume 67, Number 246 (Monday, December 23, 2002)]
[Rules and Regulations]
[Pages 78176-78178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32414]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2002-5A]


Notice of Termination

AGENCY: Copyright Office, Library of Congress.

ACTION: Interim rule.

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SUMMARY: The Copyright Office is announcing an interim regulation 
governing the form, content, and manner of service of notices of 
termination of transfers or licenses of copyright that were granted in 
or after 1978. Such notices may be served, for the first time, 
commencing January 1, 2003. The interim regulation is based on a 
proposed regulation recently published in the Federal Register.

EFFECTIVE DATE: January 1, 2003.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel. 
Telephone: (202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: On December 20, 2002, the Copyright Office 
published a proposed regulation governing the form, content, and manner 
of service of notices of termination to terminate transfers or licenses 
of copyright that were granted in or after 1978. Such notices of 
termination are permitted pursuant to 17 U.S.C. 203, and may be served, 
for the first time, commencing January 1, 2003.
    Because the comment period for the proposed regulations will extend 
into 2003, and because it is necessary to have in place a regulation 
governing the form, content, and manner of service of these notices of 
termination on January 1, 2003, so that persons entitled to serve such 
notices will know the requirements for the notices, the Office is 
announcing this interim regulation. The regulation will be in effect 
only until the Office has had the opportunity to consider the comments 
received in response to the notice of proposed rulemaking, and to 
publish a final regulation.
    The interim regulation is identical to the proposed regulation with 
one exception. The proposed regulation amends Sec.  201.10(b)(1)(i) of 
the Copyright Office regulations to require that a notice of 
termination pursuant to section 17 U.S.C. 304 must identify whether the 
termination is made under section 304(c) or section 304(d). Because 
this proposed amendment would change established practice with respect 
to terminations under section 304(c), and because we do not believe it 
would be prudent to change the requirements for section 304 notices of 
termination on such short notice, that proposed amendment is not 
included in the interim regulation.
    Because it is necessary to have such a regulation in place by 
January 1, 2003, the Register of Copyrights finds that notice and 
public procedure are impracticable and contrary to public interest and 
that good cause exists for publication of this interim regulation less 
than 30 days before its effective date and without first seeking public 
comment.
    The entire text of Sec.  201.10, as amended, may be found on the 
Copyright Office Web site at http://www.copyright.gov/docs/203.html.

List of Subjects in 37 CFR Part 201

    Copyright.


    In consideration of the foregoing, 37 CFR part 201 is amended as 
follows:

PART 201--GENERAL PROVISIONS

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: 17 U.S.C. 702.


    2. Section 201.10 is amended as follows:
    (a) By revising the section heading and the first sentence of the 
introductory text.
    (b) By revising paragraph (b)(1) introductory text.
    (c) By revising paragraph (b)(1)(v).
    (d) By revising paragraph (b)(1)(vii)(B).

[[Page 78177]]

    (e) By redesignating paragraph (b)(2) as paragraph (b)(3); and 
adding a new paragraph (b)(2).
    (f) By revising newly designated paragraph (b)(3).
    (g) By revising paragraph (c)(1) and (c)(2).
    (h) By redesignating paragraphs (c)(3) and (c)(4) as paragraphs 
(c)(4) and (c)(5), respectively; and adding a new paragraph (c)(3).
    (i) By revising the introductory text of paragraph (d)(2).
    (j) By revising the first sentence of paragraph (d)(4).
    (k) By revising paragraph (e)(1).
    (l) By revising paragraph (e)(2).
    The additions and revisions to Sec.  201.10 read as follows:


Sec.  201.10  Notices of termination of transfers and licenses.

    This section covers notices of termination of transfers and 
licenses under sections 203, 304(c) and 304(d) of title 17, of the 
United States Code. * * *
* * * * *
    (b) * * *
    (1) A notice of termination covering the extended renewal term 
under sections 304(c) and 304(d) of title 17, U.S.C., must include a 
clear identification of each of the following:
* * * * *
    (v) The effective date of termination;
* * * * *
    (vii) * * *
    (B) A statement that, to the best knowledge and belief of the 
person or persons signing the notice, the notice has been signed by all 
persons whose signature is necessary to terminate the grant under 
section 304 of title 17, U.S.C., or by their duly authorized agents.
    (2) A notice of termination of an exclusive or nonexclusive grant 
of a transfer or license of copyright or of any right under a 
copyright, executed by the author on or after January 1, 1978, under 
section 203 of title 17, U.S.C., must include a clear identification of 
each of the following:
    (i) A statement that the termination is made under section 203;
    (ii) The name of each grantee whose rights are being terminated, or 
the grantee's successor in title, and each address at which service of 
the notice is being made;
    (iii) The date of execution of the grant being terminated and, if 
the grant covered the right of publication of a work, the date of 
publication of the work under the grant;
    (iv) For each work to which the notice of termination applies, the 
title of the work and the name of the author or, in the case of a joint 
work, the authors who executed the grant being terminated; and, if 
possible and practicable, the original copyright registration number;
    (v) A brief statement reasonably identifying the grant to which the 
notice of termination applies;
    (vi) The effective date of termination; and
    (vii) In the case of a termination of a grant executed by one or 
more of the authors of the work where the termination is exercised by 
the successors of a deceased author, a listing of the names and 
relationships to that deceased author of all of the following, together 
with specific indication of the person or persons executing the notice 
who constitute more than one-half of that author's termination 
interest: That author's surviving widow or widower; and all of that 
author's surviving children; and, where any of that author's children 
are dead, all of the surviving children of any such deceased child of 
that author; however, instead of the information required by this 
paragraph (b)(2)(vii), the notice may contain both of the following:
    (A) A statement of as much of such information as is currently 
available to the person or persons signing the notice, with a brief 
explanation of the reasons why full information is or may be lacking; 
together with
    (B) A statement that, to the best knowledge and belief of the 
person or persons signing the notice, the notice has been signed by all 
persons whose signature is necessary to terminate the grant under 
section 203 of title 17, U.S.C., or by their duly authorized agents.
    (3) Clear identification of the information specified by paragraphs 
(b)(1) and (b)(2) of this section requires a complete and unambiguous 
statement of facts in the notice itself, without incorporation by 
reference of information in other documents or records.
    (c) Signature. (1) In the case of a termination of a grant under 
section 304(c) or section 304(d) executed by a person or persons other 
than the author, the notice shall be signed by all of the surviving 
person or persons who executed the grant, or by their duly authorized 
agents.
    (2) In the case of a termination of a grant under section 304(c) or 
section 304(d) executed by one or more of the authors of the work, the 
notice as to any one author's share shall be signed by that author or 
by his or her duly authorized agent. If that author is dead, the notice 
shall be signed by the number and proportion of the owners of that 
author's termination interest required under section 304(c) or section 
304(d), whichever applies, of title 17, U.S.C., or by their duly 
authorized agents, and shall contain a brief statement of their 
relationship or relationships to that author.
    (3) In the case of a termination of a grant under section 203 
executed by one or more of the authors of the work, the notice shall be 
signed by each author who is terminating the grant or by his or her 
duly authorized agent. If that author is dead, the notice shall be 
signed by the number and proportion of the owners of that author's 
termination interest required under section 203 of title 17, U.S.C., or 
by their duly authorized agents, and shall contain a brief statement of 
their relationship or relationships to that author.
* * * * *
    (d) * * *
    (2) The service provision of section 203, section 304(c) or section 
304(d) of title 17, U.S.C., whichever applies, will be satisfied if, 
before the notice of termination is served, a reasonable investigation 
is made by the person or persons executing the notice as to the current 
ownership of the rights being terminated, and based on such 
investigation:
* * * * *
    (4) Compliance with the provisions of paragraphs (d)(2) and (d)(3) 
of this section will satisfy the service requirements of section 203, 
section 304(c), or section 304(d) of title 17, U.S.C., whichever 
applies. * * *
    (e) Harmless errors. (1) Harmless errors in a notice that do not 
materially affect the adequacy of the information required to serve the 
purposes of section 203, section 304(c), or section 304(d) of title 17, 
U.S.C., whichever applies, shall not render the notice invalid.
    (2) Without prejudice to the general rule provided by paragraph 
(e)(1) of this section, errors made in giving the date or registration 
number referred to in paragraph (b)(1)(iii), (b)(2)(iii), or (b)(2)(iv) 
of this section, or in complying with the provisions of paragraph 
(b)(1)(vii) or (b)(2)(vii) of this section, or in describing the 
precise relationships under paragraph (c)(2) or (c)(3) of this section, 
shall not affect the validity of the notice if the errors were made in 
good faith and without any intention to deceive, mislead, or conceal 
relevant information.
* * * * *


[[Page 78178]]


    Dated: December 17, 2002.
Marybeth Peters,
Register of Copyrights.
    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 02-32414 Filed 12-20-02; 8:45 am]
BILLING CODE 1410-30-P