TERMINATION OF
TRANSFER
Information and Templates for Notices of
Termination Under § 203 and § 304(c)
Authors Alliance
Sean Doran • Luke Ewing • Andi Wilt • Blake Reid
Colorado Law Samuelson-Glushko Technology Law & Policy Clinic
Eric Malmgren • Erica Row • Julia Wu • Jack Lerner
UC Irvine Intellectual Property, Arts, and Technology Clinic
©2017 Authors Alliance, CC BY-ND 4.0
You are free to:
Share: copy and redistribute the material in any medium or format for any purpose,
even commercially.
The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
Attribution: You must give appropriate credit, provide a link to the license, and
indicate if changes were made. You may do so in any reasonable manner, but not in
any way that suggests the licensor endorses you or your use.
No Derivatives: If you remix, transform, or build upon the material, you may not
distribute the modied material.
No additional restrictions: You may not apply legal terms or technological measures
that legally restrict others from doing anything the license permits.
https://creativecommons.org/licenses/by-nd/4.0/
Initial version published September 28, 2017
Updated March 15, 2018
Not legal advice: This information and notice of termination templates
provide general information for authors who are seeking to exercise their
termination rights under Section 203 or Section 304(c) of the Copyright Act.
While this resource provides general information about notice of termination
and compliance with the accompanying regulation, this resource does not
apply this information directly to any individual author’s specic situation.
Accordingly, this resource is not legal advice, nor does using this tool create
an attorney-client relationship. Please consult an attorney for help applying
the information here to your specic facts.
TABLE OF CONTENTS
INTRODUCTION ..................................................................................... 1
Termination of Transfer Background .......................................... 1
Let’s Get Started ....................................................................... 1
Who Should Use These Templates? ............................................2
Which Template Should I Use? ................................................... 3
What Should I Do After Completing a Notice of Termination? .... 3
NOTICE OF TERMINATION UNDER § 203 ............................................. 5
Instructions ............................................................................. 5
Template..................................................................................7
Schedule A: Additional Names and Addresses ..............................9
NOTICE OF TERMINATION UNDER § 304(c) ....................................... 10
Instructions ........................................................................... 10
Template.................................................................................12
Schedule A: Additional Names and Addresses .............................14
ENDNOTES ............................................................................................ 15
Termination of Transfer Templates 1
NOTICE OF TERMINATION OF TRANSFER INFORMATION
AND TEMPLATES
INTRODUCTION
Termination of Transfer Background
Are you an author with works published 35 or more years ago? Are you
interested in recapturing rights that you might have signed away in a decades-old
publishing contract? Would you like to give your works a second life, for example
by releasing them to the public online for free or by making new commercial uses?
If so, you’ve come to the right place! U.S. copyright law provides authors with the
chance to regain rights transferred many years in the past. These “termination
of transfer” provisions were created by Congress to benet authors, and the
opportunity can’t be bargained away—in the U.S., these provisions actually override
any contract language to the contrary.
These rights are powerful, but understanding when and how to exercise them
can be complicated. Fortunately, we’re here to help. Our online Termination of
Transfer Tool, developed in partnership with Creative Commons, helps authors
understand the eligibility and timing requirements for terminating transfers. And
the templates below can be used to eectuate a termination right.
We’ve provided these tools to empower authors to understand and take
advantage of termination of transfer provisions.
Let’s Get Started
• If you haven’t yet used our online Termination of Transfer Tool at
rightsback.org, we encourage you to do so as a rst step. The tool
helps authors understand when works might, in fact, be eligible
for a termination of transfer and, if so, under which section of the
Copyright Act. The tool is free and easy to use, so give it a try!
• If your work is eligible for termination, one of the notice of
termination templates below can help with next steps. In order to
eectuate a termination right, authors must serve notice on the
party whose grant is being terminated and submit a copy of that
Termination of Transfer Templates 2
notice of termination to the U.S. Copyright Oce. While the
Copyright Oce does not provide a form for authors to use
to serve notices of termination, these templates are designed
to meet the requirements set forth in the Copyright Oce’s
regulations, which can be found at 37 C.F.R. § 201.10.
Who Should Use These Templates?
These templates are for authors who wish to exercise their termination
rights under Section 203 or Section 304(c) of the Copyright Act.
These templates are designed for simple termination cases. As such, these
forms should only be used if:
• the work has only one author, or, if more than one author, a
majority of authors have agreed to terminate the transfer;
• the notice of termination involves only one copyrighted work
(one book, one article, one painting, etc.);
• the work does not contain multiple copyrights;
1
• all authors are currently alive; AND
• the work was copyrighted on or after Oct. 27, 1939.
These templates should not be used if:
• the work has multiple authors and a majority do not agree on
whether to terminate the transfer;
• the notice of termination involves multiple works (more than
one book, article, works of art, etc.);
• there are multiple copyrights within the work;
2
• one or more author of the work is not alive; OR
• the work was copyrighted before Oct. 27, 1939.
Termination of Transfer Templates 3
Which Template Should I Use?
Because each section has slightly dierent requirements for notice of
termination, we provide two separate notice of termination templates below.
Broadly speaking, Section 203 covers works where a grant of rights was made
by an author on or after January 1, 1978. Section 304(c) covers works that
were under copyright on January 1, 1978, where the grant of rights was made
by an author before January 1, 1978. This can be complicated to gure out, so
we suggest using our Termination of Transfer Tool to help understand which
section might apply.
What Should I Do After Completing a Notice of Termination?
The notice of termination must be served upon each grantee whose rights
are being terminated, or the grantee’s successor in title.
3
The Copyright
Oce requires a “reasonable investigation” to make sure the original parties
who received the grant are still the current rights holders.
4
According
to the Copyright Oce, a search of the copyright records is a minimum
requirement for a reasonable investigation.
5
The Copyright Oce also requires
a “reasonable investigation” to determine the last known address of the
grantee or successor in title.
6
The notice of termination should be served on
the grantee(s) (or the grantee(s)’ successor in title) by rst class mail or by
personal service.
7
Once the notice of termination template has been completed and served
upon each grantee (or grantee’s successor) whose rights are being terminated,
a copy of the notice of termination needs to be submitted to the Copyright
Oce for recordation. The copy must include the actual signatures (or
reproduction of the actual signatures) that appeared on the notice. No matter
how many grantees were served, the Copyright Oce only needs one copy of
the notice of termination.
8
In addition to the notice of termination, the Copyright Oce requires
parties terminating a transfer to submit Form TCS (which includes a statement
with the date on which the notice was served and the manner of service)
9
and payment for the recordation fee.
10
The fee is currently $105 for a single
termination. The Copyright Oce accepts payment in the form of a check or
money order payable to Register of Copyrights.
Termination of Transfer Templates 4
The copy of the notice of termination, Form TCS, and fee should be mailed to
the Copyright Oce at:
U.S. Copyright Oce, Notices of Termination
P.O. Box 71537
Washington, DC 20024-1537
As of March 2018, the processing time for recording notices of termination of
transfers is 3 months.
Important Note: The Copyright Oce's recordation of a notice of termination
does not give immunity from any type of litigation; a party receiving the
notice of termination could still challenge the termination.
Termination of Transfer Templates 5
NOTICE OF TERMINATION UNDER § 203
Instructions
Section 1: The Copyright Oce requires the notice of termination include
a statement that the grant is being terminated pursuant to Section 203 of the
Copyright Act.
11
Since this template is for authors who wish to exercise their
termination rights under Section 203, this statement is already populated.
Section 2: The Copyright Oce requires the names of every person or company
who currently holds the rights to the work being terminated (the “grantee” or
“grantee’s successor in title”), as well as each address at which the notice is being
served.
12
These are the parties whose rights are being terminated. If this includes
more than four parties, Schedule A provides room to add additional parties. See
page 3 for additional information about requirements related to the identity and
address of the grantee(s).
Section 3: The Copyright Oce requires the following information about the
work covered by the agreement being terminated:
• Title of Work and Registration Number: The notice of termination
must include the title of the work to which the termination applies.
13
If possible and practicable, the notice of termination should also
include the original copyright registration number. For works
registered after January 1, 1978, the Copyright Oce provides a
search engine on its website that can be used to nd a registration
number.
14
For works registered before 1978, records are available in
the Copyright Public Records Reading Room in Washington, D.C. For
an hourly fee, the Copyright Oce sta can also search the records
for you.
• Author(s): The notice of termination must include the name of the
author or authors who made the original transfer.
15
• Publication Date: If the original grant included publication rights,
the notice of termination must include the publication date.
16
• Eective Date of Termination: The notice of termination must also
include the date the termination will go into eect.
17
The date of
termination must be within the termination window provided by the
Copyright Act and between two and ten years after notice has been
Termination of Transfer Templates 6
served.
18
(The Termination of Transfer Tool can help identify the
termination and notice windows.)
• Description of Grant: The notice of termination must also include
a description of the grant being terminated.
19
This must include
the date the grant was executed and the title of the grant.
20
(For
example, “Publishing Agreement between Annie Author and
Publisher dated January 31, 1980”). The Oce also requests any
other identifying information that may help it locate the original
grant.
Section 4: Any notice of termination requires the signature and address of
the author or author(s) terminating the grant, or a signature of the author(s)’
authorized agent.
22
In the case of multiple authors, the signatures must represent
a majority of the authors. If the notice of termination is signed by an agent(s), each
agent must identify the author on whose behalf she is acting.
23
Important Note: If the rights to the work were granted prior to
1978, but the work was not created until after January 1, 1978,
the date the work was created should be listed instead of the
date the grant was executed.
21
Termination of Transfer Templates 7
Template
Notice of Termination of Transfer or License Under Section 203
1. I arm this termination is made pursuant to 17 U.S.C. § 203.
2. Name and address of each grantee whose license or transfer is being terminated:
Name Address where notice is being served
Continued on Schedule A
3. Work covered under the agreement being terminated:
Title of work and
registration number (if
practicable)
Author(s) who executed
the grant being
terminated
Publication date (if original
grant included publication
rights)
Eective date of
termination
Description of grant being terminated (title of agreement
or other info sucient to identify grant), including date
of execution of grant
Termination of Transfer Templates 8
4. Signatures:
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Termination of Transfer Templates 9
Schedule A: Additional Names and Addresses (if necessary)
Name Address where notice is being served
Termination of Transfer Templates 10
NOTICE OF TERMINATION UNDER § 304(c)
Instructions
Section 1: The Copyright Oce requires the notice of termination include a
statement that the grant is being terminated pursuant to Section 304(c) of the
Copyright Act.
24
Since this template is for authors who wish to exercise their
termination rights under Section 304(c), this statement is already populated.
Section 2: The Copyright Oce requires the names of every person or company
who currently holds the rights to the work being terminated (the “grantee” or
“grantee’s successor in title”), as well as each address at which the notice is being
served.
25
These are the parties whose rights are being terminated. If this includes
more than four parties, Schedule A provides room to add additional parties. See page
3 for additional information about requirements related to the identity and address of
the grantee(s).
Section 3: The Copyright Oce requires the following information about the work
covered by the agreement being terminated:
• Title of Work and Registration Number: The notice of termination
must include the title of the work to which the termination applies.
26
If
possible and practicable, the notice of termination should also include
the original copyright registration number.
27
For works registered
after January 1, 1978, the Copyright Oce provides a search engine on
its website that can be used to nd a registration number. For works
registered before 1978, records are available in the Copyright Public
Records Reading Room in Washington, D.C. For an hourly fee, the
Copyright Oce sta can also search the records for you.
• Author(s): The notice of termination must include the name of the
author or authors who made the original transfer.
28
• Date Copyright was Secured: The notice of termination must include
the original date the work was copyrighted.
29
• Eective Date of Termination: The notice of termination must also
include the date the termination will go into eect.
30
The date of
termination must be within the termination window provided by the
Copyright Act and between two and ten years after notice has been
served.
31
(The Termination of Transfer Tool can help identify the
termination and notice windows.)
Termination of Transfer Templates 11
• Description of Grant: The notice of termination must also include a
description of the grant being terminated.
32
This may include the
date the grant was executed and the title of the grant. (For example,
“Publishing Agreement between Annie Author and Publisher dated
January 31, 1980”). The Oce also requests any other identifying
information that may help it locate the original grant.
Section 4: Any notice of termination requires the signature and address of the
author or author(s) terminating the grant, or a signature of the author(s)’ authorized
agent.
33
In the case of multiple authors, the signatures must represent a majority of
the authors. If the notice of termination is signed by an agent(s), each agent must
identify the author on whose behalf she is acting.
34
Termination of Transfer Templates 12
Template
Notice of Termination of Transfer or License Under Section 304(c)
1. I arm this termination is made pursuant to 17 U.S.C. § 304(c).
2. Name and address of each grantee whose license or transfer is being terminated:
Name Address where notice is being served
Continued on Schedule A
3. Work covered under the agreement being terminated:
Title of work and
registration number (if
practicable)
Author(s) who executed
the grant being
terminated
Date copyright was secured
Eective date of
termination
Description of grant being terminated (title of agreement,
date, or other info sucient to identify grant)
Termination of Transfer Templates 13
4. Signatures:
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Name: ______________________
Address: _____________________
___________________________
___________________________
Relationship(s) to author: (self / agent)
If agent, acting on behalf of:
____________________________
Signature Date
Termination of Transfer Templates 14
Schedule A: Additional Names and Addresses (if necessary)
Name Address where notice is being served
Termination of Transfer Templates 15
ENDNOTES
1
Some works contain multiple copyrights. For example, a book with pictures may involve a
copyright on the text of the book and a separate copyright for each picture; a song recording has
separate copyrights in the written music/lyrics and the recording itself; movies may involve an
even more complicated bundle of copyrights depending on what works and sounds are depicted.
These works have many layers of copyright and multiple licensing schemes, and termination only
applies to the authors’ assignment of their own copyrights. Because of the complexity of these
situations, we strongly recommend that authors with an interest in a work that contains multiple
copyrights consult an attorney.
2
See note 1.
3
37 C.F.R. § 201.10(d)(2).
4
37 C.F.R. § 201.10(d)(3).
5
37 C.F.R. § 201.10(d)(4).
6
37 C.F.R. § 201.10(d)(1).
7
Id.
8
37 C.F.R. § 201.10(f)(1)(i).
9
37 C.F.R. § 201.10(f)(1)(ii).
10
37 C.F.R. § 201.10(f)(2).
11
37 C.F.R. § 201.10(b)(2)(i).
12
37 C.F.R. § 201.10(b)(2)(ii).
13
37 C.F.R. § 201.10(b)(2)(iv).
14
Id.
15
Id.
16
37 C.F.R. § 201.10(b)(2)(iii).
17
37 C.F.R. § 201.10(b)(2)(vi).
18
17 U.S.C. § 203(a)(4)(A).
19
37 C.F.R. § 201.10(b)(2)(v).
20
37 C.F.R. § 201.10(b)(2)(iii).
21
37 C.F.R. § 201.10(f)(5).
22
37 C.F.R. § 201.10(c)(3).
23
37 C.F.R. § 201.10(c)(4).
24
37 C.F.R. § 201.10(b)(1)(i).
25
37 C.F.R. § 201.10(b)(1)(ii).
26
37 C.F.R. § 201.10(b)(1)(iii).
27
Id.
28
Id.
29
Id.
30
37 C.F.R. § 201.10(b)(1)(v).
31
17 U.S.C. § 304(c)(4)(A).
32
37 C.F.R. § 201.10(b)(1)(iv).
33
37 C.F.R. § 201.10(c)(3).
34
37 C.F.R. § 201.10(c)(4).
Termination of Transfer Templates 16
