Modernizing Recordation of Notices of Termination

In June 2020, the U.S. Copyright Office proposed amendments to its regulations governing recordation of notices of termination under sections 203 and 304(c) of the Copyright Act. In addition, the Office announced changes to its examination practices for certain notices of termination that pertain to multiple grants.

Effective March 29, 2021, the Office adopted a final rule that largely tracks the proposed amendments, with some modifications in response to public comments. The changes relate to regulatory provisions governing timeliness, harmless errors, manner of service, and the date of recordation for notices of termination. These amendments are intended to improve efficiency in the processing of notices in conjunction with the development of the Office’s online electronic recordation system.

The notice announcing the final rule also addresses public comments received in response to two subjects of inquiry upon which the Office previously requested public comment. These relate to the possible future development of a sample form, template, or similar guidance documents for termination notices, and practice updates to address filing errors made by third-party agents.

Click here for more information about the Office’s modernization activities.