[Federal Register: December 23, 2002 (Volume 67, Number 246)]
[Rules and Regulations]
[Page 78176-78178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de02-10]
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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