Compendium II: Copyright Office Practices

Chapter 1600

RECORDATION OF TRANSFERS

AND

OTHER DOCUMENTS PERTAINING TO A COPYRIGHT

1601 Applicability of this chapter. This chapter contains

the requirements for the recordation of transfers and

other documents pertaining to a copyright under 17

U.S.C. 205, and the termination of transfers and

licenses granted by the author covering the extended

renewal term under 17 U.S.C. 304(c).The practices

concerning the filing or recordation of the following

documents are not included either in this chapter or

elsewhere in Compendium II, and requirements other than

those in this chapter may apply.

1) Certain contracts entered into by cable systems

located outside of the 48 contiguous states. See

17 U.S.C. 111(e) and 37 C.F.R. 201.12.

2) Notices of Identity and Signal Carriage

Complement, and Statements of Account of cable

systems. See 17 U.S.C. 111(d) and 37 C.F.R.

201.11 and 201.17.

3) Original, signed notices of intention to obtain

compulsory license to make and distribute

phonorecords of nondramatic musical works. See 17

U.S.C.115 (b) and 37 C.F.R. 201.18.

4) License agreements, and terms and rates of royalty

payments, voluntarily negotiated between one or

more public broadcasting entities and certain

owners of copyright. See 17 U.S.C. 118 and 37

C.F.R. 201.9.

5) Statements regarding the identity of authors of

anonymous and pseudonymous works, and statements

relating to the death of authors. See 17 U.S.C.

302.

6) Notices of intent to enforce [NIE's] filed under

the URAA. See 17 U.S.C. 104A, 109(b), Chapter 11,

and 37 C.F.R. 201.33.

1602 Statutory provisions relating to transfers and other

documents pertaining to a copyright. The following are

the principal statutory provisions relating to

transfers and other documents pertaining to a

1600-1

[1998]

1600-2

1602 Statutory Provisions relating to transfers and other

documents pertaining to a copyright. (cont'd)

1602.01 Execution of transfers of copyright ownership. A

transfer of copyright ownership, other than by

operation of law, is not valid unless an

instrument of conveyance, or a note or memorandum

of the transfer, is in writing and signed by the

owner of the rights conveyed or such owner's duly

authorized agent. 17 U.S.C. 204.

1602.02 Recordation of transfers and other documents:

conditions for recordation. Any transfer of

to a copyright may be recorded in the Copyright

Office if the document filed for recordation bears

the actual signature of the person who executed

it, or if it is accompanied by a sworn or official

certification that it is a true copy of the

original, signed document. 17 U.S.C. 205(a) .

1603 Copyright Office Policy. The Copyright Office will not

attempt to judge the legal sufficiency or interpret the

substantive contents of a purported transfer or other

document. A document will be verified to determine

whether the requirements for recordation have been met.

1603.01 Transfers: If the document purports to be a

transfer of a copyright and is signed by the owner

of the rights conveyed, the owner's authorized

agent, or one entitled to make the transfer, it

will be indexed as a "transfer".

1603.02 Other documents pertaining to a copyright. Any

other document, including a self-serving

declaration, an abandonment of copyright,

bankruptcy papers, and the like, will be recorded

in the Copyright Office, if it pertains to a

"pertain to a copyright" if it has a direct or

indirect relationship to the existence, scope,

duration, or identification of a copyright, or to

the ownership, division, allocation, licensing,

transfer, or exercise of rights under a copyright.

That relationship may be past, present, future, or

potential.

See 37 C.F.R. 201.4.

1603.03 When recordation suggested. The Copyright Office

may point out the recordation provisions of the

law and the possibility of recording an

instrument.

[1998]

1600-3

1603 Copyright Office policy. (cont'd)

1603.03 When recordation suggested. (cont'd)

Example:

An application for registration is submitted

where a claim in the same work has already

been registered in the name of the prior

owner of copyright. When the second

registration is sought to reflect the change

of ownership, the Copyright Office will

refuse to make a second registration, but

will point out the possibility of reflecting

the change in ownership by recording the

instrument of transfer.

1604 The nature of the document. A document may be

questioned by the Copyright Office when there is no

indication of any direct or indirect relationship to a

Example:

A bill of lading referring to a shipment of motion

picture films.

1604.01 Recordation not a substitute for registration. A

document may be recorded even if a claim to

been registered for copyright.

1604.02 Relationship between document and copyright

unclear. Where the relationship between the

document to be recorded and a potential copyright

claim is unclear or obscure, the Office may

clarify that recordation is in no case a

substitute for copyright registration. Similarly,

a registration is not a substitute for

recordation.

1604.03 Document apparently submitted in error. Where it

seems probable that the document has been

submitted to the Copyright Office in error, it may

be questioned or, in clear cases, returned without

recordation.

Example:

An assignment of rights limited to a

trademark or patent.

[1998]

1600-4

1605 Document Cover Sheet Processing.

Cases submitted with a document cover sheet will be

processed and verified in the same manner as a document

submitted without a cover sheet. Neither category of

document will receive priority processing.

1606 Practices for processing documents.

1606.01 Formal sufficiency of document. In order to be

regarded as a "transfer," a document must

generally meet the following formal requirements:

1) It must be "an instrument in writing."

2) It must be signed by the owner of the rights

conveyed or by such owner's duly authorized

agent.

3) It must identify the transferor and

transferee.

4) It must contain words of conveyance.

5) It must be complete by its own terms.

1606.02 Instrument in writing. To be recordable, the

instrument must be in writing. The Copyright

Office does not provide, suggest, or require any

special form for the transfer of a copyright or

other document pertaining to a copyright that is

recorded under Section 205. Any type of legible

document which meets the other formal requirements

will be accepted for recordation, if it contains

an individual's actual signature or an acceptable

alternative. See 1606.03 and 1606.08 below.

Examples:

1) Handwritten or typewritten original.

2) Transfer in the form of a letter; [note that

the letter should not be addressed to the

3) Carbon of original.

4) Printed original.

1606.03 Actual signature. To be recordable, the document

must bear the actual signature or signatures of

the person or persons who executed it.

Alternatively, the document may be recorded if it

is a legible photocopy or other full-size

facsimile reproduction of the signed document,

[1998]

1600-5

1606 Practices for processing documents. (cont'd)

1606.03 Actual signature. (cont'd)

accompanied by a sworn certification or an

official certification that the reproduction is a

true copy of the signed document. Any sworn

certification accompanying a reproduction must be

signed by at least one of the persons who executed

the document, or by an authorized representative

of that person. See 17 U.S.C. 205 and 37 C.F.R.

201.4(c) (1) .

1606.03(a) Sworn certification or declaration. A "sworn

certification" is an affidavit under the

official seal of any officer authorized to

administer oaths within the United States, or

if the original is located outside of the

United States, under the official seal of any

diplomatic or consular officer of the United

States or of a person authorized to

administer oaths whose authority is proved by

the certificate of such an officer, or by a

statement given "under penalty of perjury".

See 28 U.S.C. 1746. 37 C.F.R.

201.4(a) (3) (i) .An alternative to a

notarized certification is a declaration

under penalty of perjury that the

accompanying document is a true and correct

copy of the original. See 28 U.S.C. 1746.

1606.03(b) Official certification. An "official

certification" is a certification, by the

appropriate Government official, that the

original of the document is on file in a

public office and that the reproduction is a

true copy of the original. See 37 C.F.R.

201.4(a) (3) (ii) .

Examples:

1) Copy of a certificate of corporate

merger, bearing the certification of the

Secretary of State.

2) Court decree establishing a change of

name of a person, certified by the clerk

of the court.

1606.04 Illegible document. An illegible document or one

which cannot be reproduced legibly will not be

accepted for recordation. See 37 C.F.R.

201.4(c)(3).

[1998]

1600-6

1606 Practices for processing documents. (cont'd)

1606.05 Signature of transferor. (cont'd)

1606.05(a) Unsigned document. As a rule, the document

to be recorded should contain the actual

handwritten signature of the person executing

the document or of such person's duly

authorized agent. See 37 C.F.R. 201.4(c) (1) .

An unsigned document will be returned for

signature before recordation.

1606.05(b) Multi-party instrument. If a number of

transferors are identified in the body of the

document, and spaces have been provided for

the signatures of all of them, the document

will be questioned if any of the signatures

is missing, unless an additional copy of the

document containing the missing signatures is

submitted for recordation at the same time.

Each such instrument of transfer is indexed

only under the particular signatures it

contains.

1606.06 Apparent inconsistency. Reconcilable variance

between names: indexing. When there is a

reconcilable variance between the signature on the

document and the name of the transferor appearing

in the body of the document, the instrument will

generally be indexed under what is determined to

be the fullest form of the legal name. The

document will generally not be indexed under the

name of the agent or official of a corporation or

other impersonal legal entity. Where the document

has been signed by a legal representative or

attorney-in-fact, it will be indexed under the

name of the person whom the signer represents.

1606.07 Signature of individual. As a rule, the signature

should be the actual handwritten signature of an

individual person, and should give the

individual's own name rather than that of the

person or organization he or she may represent.

Examples:

1) A pencil signature is acceptable.

2) A hand-printed signature is acceptable.

3) A printed, typewritten, rubber-stamped, or

facsimile signature will be questioned.

[1998]

1600-7

1606 Practices for processing documents. (cont'd)

1606.07 Signature of individual. (cont'd)

4) A person's mark is acceptable if accompanied

by another person's signature attesting to

its authenticity.

5) The signature need not be legible or include

the full name of the signer if the name is

sufficiently identified elsewhere in the

document; but initials or a monogram will

generally not be regarded as a signature.

1607 Identification of parties. In general, any document

purporting to transfer a copyright or rights under a

well as the transferor.

1607.01 Failure to identify necessary parties. Documents

which do not identify the necessary parties will

be questioned, but recordation will not be refused

if, following correspondence, the sender continues

.to request recordation.

Examples:

1) "I, John Doe, do hereby assign all rights,

including copyright, in the work entitled HOW

TO BURN TOAST." (Transferee not named) .

2) " ..copyright for the work 'How to Excel

in the Practice of Law,' is hereby assigned

to Richard Roe, as Executor of the author

" (The author not identified by

name. )

1607.02 Indexing. When a document which does not identify

the necessary parties is recorded, it will be

indexed only under the names it contains; no

indexing will be done under other names furnished

in correspondence or elsewhere. See section

1608.03 below.

1607.03 One-party documents. A document which necessarily

involves only one party (~.g., an affidavit) will

be indexed under the single name involved.

1608 Constructive Notice. Recordation of a document gives

all persons constructive notice of the facts stated in

the recorded document, if the work has been registered

and the material to which the document pertains is

identified. See 17 U.S.C. 205(c) .

[1998]

1600-8

1608 Constructive Notice. (cont'd)

1608.01 The document, or material attached to it, must

identify the work to which it pertains so that,

after the document is indexed by the Copyright

Office, it would be revealed by a reasonable

search under the title or registration

number of the work.

1608.02 Failure to identify work. A document which does

not identify the work will ~ be questioned.

If the material which is the subject of the

document is otherwise adequately identified but

does not contain the title, it will not be

questioned.

Example:

A document covering "an unpublished novel

about New York's Empire State Building, by

Jack Douglas." Note: this document will not

receive constructive notice.

1608.03 Outside sources. A document will be indexed only

under the titles or other identifying matter it

contains.

1609 Completeness of document. In general, a document will

not be recorded unless it is complete by its own terms.

1609.01 Attachments. A document that contains a reference

to any schedule, appendix, exhibit, addendum, or

other material as being attached to the document

or made a part of it shall be recordable only if

the attachment is also submitted for recordation

with the document or if the reference is deleted

by the parties to the document.

1609.01(a) Document returned for amendment. If a

document has been submitted for recordation

and has been returned by the Copyright Office

at the request of the sender for deletion of

the reference to an attachment, the document

will be recorded only if the deletion is

signed or initialed by the person(s) who

executed the document or by that person's

authorized representative.

1609.01(b) Exception. A document containing a reference

to an attachment will be recorded without the

attached material and without deletion of the

reference if the sender asserts in writing

[1998]

1600-9

1609 Completeness of document. (cont'd)

1609.01 Attachments. (cont'd)

1609.01(b) Exception. (cont'd)

that all three of the following factors exist

and specifically requests that the document

be recorded as submitted: (1) the attachment

is completely unavailable for recordation;

and (2) the attachment is not essential to

identify the subject matter of the document;

and (3) it would be impossible or wholly

impractical to have the parties to the

document sign or initial a deletion of the

reference. In such cases, the Copyright

Office record of the document will be

annotated to show that recordation was made

in response to a specific request.

See 37 C.F.R. 20l.4(c) (2) .

1610 Incorporation by reference. When the document

submitted for recordation merely identifies or

incorporates by reference another document, or certain

terms of another document, the Copyright Office will

not question its completeness. 37 C.F.R.

201.4 (c) (2) (iii) .

Example:

A document reads in part as follows: "In

accordance with the terms of mutual undertaking

previously entered into between the parties on

January 2, 1978, which is incorporated by

reference herewith, John Doe hereby transfers. .."

1611 Part of a larger document. A document that is

otherwise recordable which indicates on its face that

it is a self-contained part of a larger document, will

be recorded without question. See 37 C.F.R.

204(c) (2) (ii) .

Example:

The document is marked "Attachment A" or "Exhibit

B" .

1612 Additional Practices. As a rule, no attempt is made to

verify the facts stated in the document submitted for

recordation. Titles, registration numbers, authors,

dates, and the like are transcribed without checking

their accuracy.

[1998]

1600-10

1612 Additional Practices. (cont'd)

1612.01 Minor Topographical Errors. Where a minor

typographical error appears in the document, the

document will be indexed under the correct name or

title.

Examples:

1) "Great Russian Short Stories"

2) "Macame Du Barry"

1612.02 Date of execution. A document should contain the

complete date on which it was executed. If the

complete date is not given, the catalog record

will reflect as much information as is given. 17

U.S.C. 205 provides that in the case of

conflicting documents, statutory priority is given

to transfers recorded within one month of

execution in the United States or two months after

execution outside the United States or the one

recorded first.

1613 Documents to correct or amplify Copyright Office

records. In most cases, a supplementary registration

should be submitted to correct or amplify a completed

insists, the Office will accept for recordation a

document giving the pertinent information. For

detailed practices in this connection, see Chapter

1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT

OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS.

1614 Certificate of. acknowledgment. A certificate of

acknowledgment is not required for the validity of a

transfer, but is prima facie evidence of the execution

of the transfer if:

1) In the case of a transfer executed in the United

States, the certificate is issued by a person

authorized to administer oaths within the United

States; or

2) In the case of a transfer executed in a foreign

country, the certificate is issued by a diplomatic

or consular officer of the United States, or by a

person authorized to administer oaths whose

authority is proved by a certificate of such an

officer.

See 17 U.S.C. 204(b).

[1998]

1600-11

1615 Recordation. In general, the recordation procedure

includes initial verification of documents and document

cover sheets, determination of the recording fee,

assigning identifying volume, document and page

numbers, imaging the document and cover sheet, if any,

preparing an index entry under the appropriate names

and titles, and returning the recorded document with a

certificate of record.

1615.01 Date of recordation. The date of recordation is

the date upon which an acceptable document and

required fee are received in the Copyright Office.

See 37 C.F.R. 201.4.

1615.01(a) Document returned for correction. When a

document is returned to the sender for

correction, the date on which the corrected

document is received in the Copyright Office

is regarded as the date of recordation.

1615.01(b) Less than entire fee received. When less

than the required fee is received in the

the date on which the amount of the total

required fee is received in the Copyright

Office.

Example:

If a document containing three titles is

received in recordable form, together

with only the fee for recording one

title, the date of recordation is the

date on which the fee covering the

additional titles is received in the

1615.02 Indexing. A recorded document is indexed under

the names of the parties and the titles listed in

the document. The catalog entry also contains the

date of recordation, the date of execution if

given in the document, and the volume and document

numbers assigned to the document.

1615.03 Amendments in document submitted for recordation.

The Copyright Office will not make any changes or

corrections in a document submitted for

recordation, even when specifically requested or

authorized to do so by the sender.

[1998]

1600-12

1615 Recordation. (cont'd)

1615.03 Amendments in document submitted for recordation.

(cont I d)

Example:

Sender requests Copyright Office to change

the year date of execution from "1968" to

"1978."

1615.04 Recordable document returned. When a request to

return or change the document is received from the

sender, if the Office has not yet assigned a

volume and document number, it may return the

document to the sender, suggesting that any change

be initialed by the persons who executed it. In

such cases the date the returned document is

received in the Copyright Office will be the date

of recordation.

1615.05 Recording fees. A basic recording fee is charged

for a single document of any length covering no

more than one title. An additional fee is charged

for each group of 10 or fewer titles. For

specific fee amounts, see 17 U.S.C. 708; see also

37 C.F.R. 201.4(d) .

1615.06 Separate transfers. A fee is required for each

separate transfer or other document, even if two

or more transactions or documents appear on the

same page. 37 C.F.R. 201.4(d) (1) .

Examples:

1) "A" hereby transfers all right, title, and

interest in a musical composition to "B,"

"C", and "D". This is a single transfer for

the purpose of computing the recordation fee.

2) On a single page, but in separate paragraphs:

"A" hereby transfers a one-third interest in

the copyright in a musical composition to

"B". "A" hereby transfers a one-third

interest in the copyright in the same musical

composition to "C". "A" hereby transfers a

one-third interest in the copyright in the

same musical composition to "D". The

document is signed once. This is a single

transfer for the purpose of computing the

recordation fee.

[1998]

1600-13

1615 Recordation. (cont'd)

1615.06 Separate transfers. (cont'd)

3) The same situation as in example 2 above, but

the document is dated and signed by both

parties at each paragraph setting out the

separate conveyances. This would be regarded

as three transfers for the purpose of

computing the recordation fee.

4) On a single page: "A" transfers the copyright

to "B" who transfers a portion of that right

to "C." This would be regarded as two

transfers for the purpose of computing the

recordation fee.

1615.07 Titles. The term "title" for the purpose of

computing the fee for recordation generally

denotes "appellation" or "denomination, " rather

than "registration, " "work, " or "copyright." 37

C.F.R. 201.4(d) (2) .

1615.07(a) Each Title Counted. Generally, each title

listed in a document is counted, but

designations referring to uncopyrightable

matter are not counted.

Examples:

1) A trademark consisting of the word "EKSRON."

2) A mechanical patent designated as "Process

for the Impacting of Crushed Marble."

1615.07(b) Single and multiple titles distinguished. A

single title that is repeated is counted as a

single "title" for the purpose of computing

the fee. However, when multiple issues or

numbers of a serial, or different chapters or

installments are contained in a document,

each will be indexed and therefore each is

considered to be an individual title for

which a separate fee is charged.

Examples of multiple titles:

1) "Fan Club News, " vol. 1, no.3 (June

1981)

"Fan Club News, " vol. 1, no.4 (July

1981)

"Fan Club News, " vol. 1, no.5 (Aug.

1981)

[1998]

1600-14

1615 Recordation. (cont'd)

1615.07 Titles. (cont'd)

1615.07(b) Single and multiple titles distinguished.

(cont I d)

2) "Trapped in the Snack Bar," Installment

"Trapped in the Snack Bar," Installment

1615.07(c) Translation. When a work is listed under a

title which could be characterized as a

translation, the original title and the

translation will each be counted separately

for the purpose of computing the recordation

fee.

Example:

"On the Water (Auf dem Wasser) II

1615.07(d) Same title repeated with descriptive matter

indicating multiple works or versions. Where

the same title is repeated more than once in

the same document, but the repetitions are

followed by different descriptive matter,

subtitles, names of authors, or the like,

indicating different works or different

versions, separate fees will be charged.

Examples of two titles:

1) "Rondo" (Massenet)

“Rondo" (Respighi)

2) "You Are the One" (from Summer Romance)

"You Are the One" (from Sunny Days)

1615.07(e) Descriptive material. When a work is listed

under a title followed by descriptive matter

further describing that single title, only

one fee is charged.

Example:

"You Are the One" (Romantic Song)

1615.07(f) Alternative titles. Where a work is clearly

listed under alternative titles, or where

both old and new titles are clearly

indicated, separate fees will be charged.

Use of the conjunctive "or" will not

[1998]

1600-15

1615.07(f) Alternative titles. (cont'd)

generally be treated as denoting alternative

titles.

Example of one title:

"How to Get Ahead in Life or Ten Ways to

Improve Your Memory"

Examples of two titles:

1) "Money Isn't Everything," also known as

"Who Wants to Be Rich?"

2) "Cafe Tales," formerly known as "Draw

One"

1615.07(g) Additional fees for title indexing. In cases

where, under the practices set forth above, a

listing is considered to be a single title

for purposes of computing the fee, the

title variations separately, upon the

specific request of the sender and payment of

any additional fees normally required for

multiple titles.

1616 Termination of transfers and licenses granted by the

author under the extended renewal term. The following

are the practices and provisions relating to the

termination of transfers and licenses granted by the

author under the extended renewal term.

1616.01 Statutory Provision. For any work in its first or

renewal term on January 1, 1978, other than a work

made for hire, the statute provides for the

possibility of termination of any exclusive or

nonexclusive grant of a transfer or license of the

renewal copyright or any right under it, executed

before January 1, 1978, other than by will, by the

author or by the successors in interest of the

author. See 17 U.S.C. 304(a) (1) (c); (c) .

1616.02 Time limits. Termination of the grant may be

effected at any time during a period of five years

beginning at the end of 56 years from the date

January 1, 1978, whichever is later. See 17

U.S.C. 304(c) (3) .

1616.03 Contents of Notice. The contents of the notice of

termination are set forth in regulation 37 C.F.R.

§201.10(b) .The Copyright Office records notices

of termination received in the Office before the

[1998]

1600-16

1616.03 Contents of Notice. (cont'd)

effective date of termination.

1616.04 Copyright Office Policy. The Copyright Office

will not examine the legal sufficiency or

interpret the substantive contents of a purported

termination. A notice of termination will be

verified to determine whether certain requirements

for recordation as a termination have been met.

1616.05 Notice Must Be Complete. A notice of termination

must contain a complete and unambiguous statement

of facts without incorporation by reference of

information in other documents or records. See 37

C.F.R. 201.10(b) .

1616.06 Exact Duplicate of the Notice of Termination. The

copy submitted for recordation should be a

complete and exact duplicate of the notice of

termination as served.

1616.07 Signature. A notice of termination should contain

the actual signature or a reproduction of the

actual signature of the person or persons

identified in the document as being entitled to

exercise the right of termination, or of a duly

authorized agent of such person or persons. See

37 C.F.R. 201.10(c) (1) for other signature

requirements.

l616.07(a) Termination of grant executed by duly

authorized agent. Where a signature is that

of a duly authorized agent, it shall clearly

identify the person or persons on whose

behalf the agent is acting. 37 C.F.R.

201.10(c)(3).

1616.07(b) Additional requirements. The handwritten

signature of each person effecting the

termination shall either be accompanied by a

statement of the full name and address of

that person, typewritten or printed legibly

by hand, or shall clearly correspond to such

a statement elsewhere in the notice. 37

C.F.R. 201.10(c) (4) .

1616.07(c) Persons not entitled to terminate. Where the

appearing on the document is different from

the person named as the one terminating a

right, the Office will notify the sender that

it cannot record the document as a

termination of transfer unless the signature

is that of a duly authorized agent.

[1998]

1600-17

1616.08 Legibility of notice of termination. The notice

of termination must be in writing and capable of

being imaged or reproduced legibly on microfilm.

An illegible notice will be returned to the sender

for clarification.

1616.09 Date and manner of service. The document

submitted for recordation should be accompanied by

a statement setting forth the date on which the

notice was served and the manner of service,

unless such information is contained in the

notice. Where such information is not contained

in the notice, and the document is not accompanied

by a statement setting forth the date and/or

manner of service, the Copyright Office will

request that the sender submit a separate

statement containing this information. This

statement must be received in the Office within

the designated filing period. It will be attached

to the document and will be recorded by the

Office.

1616.10 Recordation. The Copyright Office will not refuse

to record a document that fails to meet the

requirements discussed in section 1616 above, but

such document will not be indexed by the Copyright

Office as a notice of termination.

1616.11 Recordation without prejudice. Recordation of a

notice of termination by the Copyright Office is

without prejudice to any party claiming that the

legal and formal requirements for issuing a valid

notice have not been met. 37 C.F.R. 201.10(f) (4) .

1616.12 Photocopied Notices of Termination. Any notice of

termination submitted in photocopied form will be

accepted without an accompanying certification

provided that it meets the requirements of Section

1616 above.

1616.13 Date of recordation. To be effective, a copy of

the notice must be recorded in the Copyright

Office before the effective date of termination.

See 17 U.S.C. 304(c) (4) (A) .The date of

recordation is the date when all of the elements

required for recordation, including the prescribed

fee and, if required, the statement setting forth

the date on which the notice was served and the

manner of service, have been received in the

document, including any accompanying statement, is

returned to the sender with a certificate of

record. See 37 C.F.R. 201.10(f) (3) .

[1998]

1600-18

1617 Termination of transfers and licenses granted by the

author on or after January 11 1978. The practices set

forth in section 1616 above are restricted to

terminations under the extended renewal term provided

in section 304(c) of the current Act. Practices

regarding the parallel statutory provision governing

termination of grants executed by the author on or

after January 1, 1978, under section 203 of the current

Act, have not been established yet because the right of

termination there under cannot be invoked in an

appropriate termination document until the year 2003 or

later. A document that purports to terminate a grant

executed on or after January 1, 1978, may be recorded,

but such document will not be indexed by the Copyright

Office as a notice of termination.

[END OF CHAPTER 1600]

[1998]

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Compendium II: Copyright Office Practices - Chapter 1600