Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

Record Details:

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338 23 (b) upon 2 — 10 years notice ($304 (c) (4) ) . (4) Manner of Terminating (a) written and signed notice by required persons or agent's to grantee or grantee's "successor in title" (b) specification of effective date, within above limits (c) form, content, and manner of service in accordance with Copyright Office regulation (§304 (c) (4) (B) ) ; 37 C.F.R. §201.10)''^ (d) recordation with the Copyright Office before the effective date (§304 (c) (4) (A) ) (5) Effect of termination (a) of grant by author (i) reversion to that author, or if dead, those owning the author's termination interest (including those who did not join in signing the termination notice) in proportionate shares (§304 (c)(6) and (c)(6)(C)) (b) of grant by others — reversion to all entitled to terminate (§304 (c)(6)) (c) in either case, future rights to revert upon proper service of notice of termination (§304) (c) (6) (B)). (6) Exceptions to termination (a) works made for hire are not subject to termination (b) dispositions by will are not subject to termination '^ These regulations require that the notice be served upon each "grantee" whose rights are being terminated, or "the grantee's successor in title," by personal service, or by first-class mail sent to an address "which, after a reasonable investigation, is found to be the last known address of the grantee or successor in title," 37 CFR §201. 10 (d) (1) , The regulation further provides that "a reasonable investigation" includes but is not limited to a search of the records in the Copyright Office. Id. §201, 10(d) (3) . In the case of musical performing rights, a report from a performing rights society identifying the person (s) claiming current ownership of the rights being terminated is sufficient. Id. For a discussion of the term "successors in title," see Burroughs V. MGM, 491 F. Supp. 1320 (SONY 1980); 519 F. Supp. 388 (SONY 1981), aff 'd. 683 F.2d 610 (2d Cir. 1982). One issue in Burroughs was the meaning of "successors in title." Is the term limited to transferees of exclusive rights, or does it also include nonexclusive licenses? Although the issue was not reached by the Second Circuit majority. Judge Newman, in a concurring opinion, reasoned that since the Copyright Office regulations speak of providing for a reasonable investigation of "ownership," and since under Section 101 of the Act a "transfer of ownership" includes assignments and exclusive licenses but excludes nonexclusive licenses, see 17 USC §101, the term must be construed accordingly. This reading of "successor in title" is believed to be correct.