This Information Guide is intended to assist you with the completion of the Termination Notice Form required to give The MLC Notice of a Termination Claim with respect to a given Work/Share. All capitalized terms are defined in the Statutory Terminations Policy found here. This Information Guide does not supersede, replace, or modify the Statutory Terminations Policy.
I. Parties to Termination Claim
Termination Claim
A Termination Claim is a claim of ownership with respect to a Work/Share based on the assertion of a termination right arising under Section 203 or 304 of the U.S. Copyright Act that conflicts with an Existing Claim. Termination Claims must be submitted to The MLC in accordance with Section 4.1 of the Policy. (The MLC Notice and Dispute Policy: Statutory Terminations (“Policy”), § 3.19).
Terminating Claimant
Please state the name of the Terminating Claimant.
A Terminating Claimant is a party who has properly submitted a Termination Claim. Note that while any party may initiate a Termination Claim, The MLC cannot pay Royalties to any party for uses of a Work/Share at issue until such party has become a Member of The MLC and registered the relevant Work/Share with The MLC. (Policy, § 3.20).
For additional information or assistance with the Membership process please contact The MLC Support Team by calling 615-488-3653 or filling out this form.
Terminating Claimant Publisher IPI Name Number
Please state the publisher IPI Name Number, if known.
An IPI Name Number is an international identification number assigned to songwriters and publishers to uniquely identify rightsholders.
Terminating Claimant MLC Publisher Number
Please state The MLC Publisher Number, if Terminating Claimant is already a member of The MLC.
The MLC Publisher Number is the number assigned by The MLC to a publisher, CMO or self-administered songwriter identifying the rightsholder as a unique Member of The MLC.
For additional information or assistance with the Membership process please contact The MLC Support Team by calling 615-488-3653 or filling out this form.
Existing Claimant
Please state the name of the Existing Claimant of the Work subject to the Termination Claim.
An Existing Claimant is a party with an Existing Claim of ownership with respect to the Work/Share registered with The MLC that is subject to the Termination Claim (Policy, § 3.7 & § 3.8). An Existing Claimant may be a Member or Non-Member of The MLC. Note, however, The MLC cannot pay royalties to any party for uses of a Work/Share at issue until such party has become a Member of The MLC and registered the relevant Work/Share with The MLC.
For additional information or assistance with the Membership process please contact The MLC Support Team by calling 615-488-3653 or filling out this form.
II. Writer Subject to the Termination Claim
Writer IPI Name Number
Please state the Writer IPI Name Number, if known.
An IPI Name Number is an international identification number assigned to songwriters and publishers to uniquely identify rightsholders.
III. Work/Share Subject to Termination Claim
Work
Please state the title of the Work subject to the Termination Claim.
A Work is a musical composition, including any accompanying lyrics. Works can include original musical compositions and original arrangements, as well as new versions of original musical compositions and arrangements to which new copyrightable authorship has been added (Policy, § 3.24).
If the Termination Claim involves more than one (1) Work, please upload a completed worksheet using the applicable template found here.
Share
Please state the Share of the Work subject to the Termination Claim.
A Share is a specified portion of a Work identified as a percentage of such Work (Policy, § 3.14).
If the Termination Claim involves a Share of more than one (1) Work, please upload a completed worksheet using the applicable template found here.
Work/Share
A Work or Share, as applicable (Policy, § 3.25).
ISWC
Please state the ISWC for the Work subject to the Termination Claim, if available.
Musical works are identified with an International Standard Musical Work Code (ISWC). An ISWC is a unique 11-character international identifier assigned to a musical work. For more information, click here to view the FAQ section of The MLC website.
MLC Song Code
Please state the MLC Song Code, if available.
An MLC Song Code is a unique identifier assigned by The MLC to a musical work registered in its database.
All Writers Names
Please list the names of all writers of the Work that is subject to the Termination Claim by providing the first and last name for each writer of the Work followed by forward slash (/).
ISRC
Please state the ISRC associated with a sound recording embodying the Work subject to the Termination Claim, if known.
Sound recordings and music videos are identified with an International Standard Recording Code (ISRC). An ISRC is a unique 12-character international identifier assigned to each version of a recording or music video. For more information, click here to view the FAQ section of The MLC website.
IV. Termination Statutes – 17 U.S.C. § 203, § 304(c) & § 304(d)
Termination Statute
Please select the statute applicable to the Termination Claim. For more information about terminations under 17 U.S.C. § 203, § 304(c) & § 304(d) please refer to the specific statutory provisions at the links provided below:
17 U.S.C. §203: https://www.copyright.gov/title17/92chap2.html#203
17 U.S.C. §304: https://www.copyright.gov/title17/92chap3.html#304
Timing Charts
The U.S. Copyright Office has developed a series of tables that may be useful in identifying the termination period, selecting an effective date of termination, and for calculating deadlines for service and recording notice (U.S. Copyright Office, Compendium of U.S. Copyright Office Practices § 2300 (3d ed. 2021):
Grants Executed by the Author on or After January 1, 1978 (Section 203):
- Grant Did Not Convey Right of Publication: https://www.copyright.gov/comp3/docs/termination-table-section203rp.pdf
- Grant Conveyed Right of Publication (Calculation Based on Date of Publication): https://www.copyright.gov/comp3/docs/termination-table-section203dp.pdf
- Grant Conveyed Right of Publication (Calculation Based on Date of Execution): https://www.copyright.gov/comp3/docs/termination-table-section203de.pdf
Grants Executed by the Author or the Author’s Heirs before January 1, 1978 (Section 304(c)-(d)):
- Involving Works Originally Registered or Published with Notice between 1923 and 1977: https://www.copyright.gov/comp3/docs/termination-table-section304c.pdf
- Involving Works Originally Registered or Published with Notice between January 1, 1923 and October 26, 1939: https://www.copyright.gov/comp3/docs/termination-table-section304d.pdf
§ 203 Termination Details
Type of Grant
Please identify the type of grant subject to the Termination Claim.
Terminable grants are exclusive or non-exclusive grants of a transfer or license of copyright or of any right under a copyright (other than by will). (17 U.S.C. § 203(a)). Solely by way of example, such grants can have been made in Publishing Agreement, Songwriter Agreements, Co-Publishing Agreements, Assignment Agreements (including Single Song Assignments) and Purchase and Sale Agreements.
Parties to the Grant
Please state the names of the parties to the grant subject to the Termination Claim.
The grant must have been executed by the author or authors of the Work (17 U.S.C. § 203(a)).
Identify Person(s) Terminating the Grant
Please state the first and last name(s) of the party(ies) effecting termination of the grant, including the basis on which they are exercising such right by using one of the identifiers below. Separate each party by using a forward slash (/).
Identifiers include: Author, Widow/Widower, Child/Grandchild, Executor, Administrator, Personal Representative, Trustee
Please note this may be different than the party submitting the Termination Claim Form.
In the case of a grant executed by one author, termination of the grant may be affected by that author or, if the author is dead, by the person or persons who own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be affected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who own and are entitled to exercise a total of more than one-half of that author’s interest. Where an author is dead, his or her termination interest is owned, and may be exercised, as follows: (a) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest; (b) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them; or (c) In the event that the author’s widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author’s entire termination interest. (17 U.S.C. § 203(a)(1)) & (2).
Date of Grant
Please select the date of execution of the grant subject to the Termination Claim.
The grant must have been executed on or after January 1, 1978 (17 U.S.C. § 203(a)).
Work Publication Date
If the grant covers the right of publication of the work, please select the applicable date of publication of the work under the grant subject to the Termination Claim (17 U.S.C. § 203(a)(3)).
For Termination Claims pursuant to § 203 involving more than one (1) Work/Share, please use the § 203 Template found here.
Effective Date of Termination (EDT)
Please select the Effective Date of Termination (“EDT”) of the grant of transfer or license to the Existing Claimant for a particular Work/Share as set forth in the Statutory Termination Notice, or as otherwise agreed by the Terminating Claimant and the Existing Claimant (Policy, §3.6). The Statutory Termination Notice is the notice of termination that the Terminating Claimant has served upon the Existing Claimant and recorded in the Copyright Office in accordance with 17 U.S.C. § 203(a)(4). (Policy, § 3.15).
The EDT must be a date during a period of five (5) years beginning at the end of the thirty-five (35) years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five (35) years from the date of publication of the work under the grant or at the end of forty (40) years from the date of execution of the grant, whichever term ends earlier (17 U.S.C. § 203(a)(3)).
Date of Service of Statutory Termination Notice
Please select the date of service of the Statutory Termination Notice.
The Statutory Termination Notice must be served upon the grantee or the grantee’s successor in interest not less than two (2) or more than ten (10) years before the EDT (17 U.S.C. § 203(a)(4)(A)).
Date of Recordation of Statutory Termination Notice with the Copyright Office
Please select the date of recordation of the Statutory Termination Notice with the Copyright Office.
A copy of the Statutory Termination Notice shall be recorded in the Copyright Office before the EDT (17 U.S.C. §203(a)(4)(A)). Proof of submission or recordation with the U.S. Copyright Office must be provided as Substantiating Documentation with the Termination Notice Form (Policy, § 4.1(b)).
§ 304(c) Termination Details
Type of Grant
Please identify the type of grant subject to the Termination Claim.
Terminable grants are exclusive or non-exclusive grants of a transfer or license of the renewal copyright or of any right under it (other than by will). (17 U.S.C. § 304(c)). Solely by way of example, such grants can have been made in Publishing Agreement, Songwriter Agreements, Co-Publishing Agreements, Assignment Agreements (including Single Song Assignments) and Purchase and Sale Agreements.
Parties to the Grant
Please state the names of the parties to the grant subject to the Termination Claim.
The grant may have been executed by one or more authors of the work, or by (a) the widow, widower or children of the author, if the author is not living; (b) the author’s executors, if such author, widow, widower, or children are not living; or (c) the author’s next of kin, in the absence of a will by the author. (17 U.S.C. § 304(a)(1)(C); (c )(1).
Identify Person(s) Terminating the Grant
Please state the first and last name(s) of the party(ies) effecting termination of the grant, including the basis on which their are exercising such right by using one of the identifiers below. Separate each party by using a forward slash (/).
Identifiers include: Author, Widow/Widower, Child/Grandchild, Executor, Administrator, Personal Representative, Trustee
Please note this may be different than the party submitting the Termination Claim Form.
Termination of the grant may be affected by any of the parties to the grant described in “Parties to the Grant,” above. In the case of a grant executed by a person or persons other than the author, termination of the grant may be affected by the surviving person or persons who executed it. In the case of a grant executed by one or more of the authors of the work, termination of the grant may be effected, to the extent of a particular author’s share in the ownership of the renewal copyright, by the author who executed it or, if such author is dead, his or her termination interest may be exercised by (a) the widow or widower owns the author’s entire termination intertest, unless there are surviving children or grandchildren, in which case the widow or widower owns half of the author’s interest; (b) the author’s surviving children, and the surviving children of any dead child of the author , own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them; or (c) the author’s executor, administrator, personal representative, or trustee in the event the author’s widow, widower, children and grandchildren are not living. (17 U.S.C. § 304(c)(1) & (2)).
Date of Grant
Please select the date of execution of the grant subject to the Termination Claim.
The grant must have been executed before January 1, 1978 (17 U.S.C. § 304(c)).
Work Copyright Date
Please select the original date of copyright registration.
Termination under § 304(c) is available for a copyrighted work subsisting in either its first or renewal term on January 1, 1978 (17 U.S.C. § 304(c)).
For Termination Claims pursuant to § 304(c) involving more than one (1) Work/Share, please use the § 304 Template found here.
Effective Date of Termination (EDT)
Please select the Effective Date of Termination (“EDT”) of the grant of transfer or license to the Existing Claimant for a particular Work/Share as set forth in the Statutory Termination Notice, or as otherwise agreed by the Terminating Claimant and the Existing Claimant (Policy, §3.6). The Statutory Termination Notice is the notice of termination that the Terminating Claimant has served upon the Existing Claimant and recorded in the Copyright Office in accordance with 17 U.S.C. § 304(c)(4). (Policy, § 3.15).
The EDT must be a date during the period of five (5) years beginning at the end of fifty-six (56) years from the date copyright was originally secured, or beginning on January 1, 1978, whichever is later.
Date of Service of Statutory Termination Notice
Please select the date of service of the Statutory Termination Notice.
The Statutory Termination Notice must be served upon the grantee or the grantee’s successor in interest not less than two (2) or more than ten (10) years before the EDT (17 U.S.C. § 304(c)(4)(A)).
Date of Recordation of Statutory Termination Notice with the Copyright Office
Please select the date of recordation of the Statutory Termination Notice with the Copyright Office.
A copy of the Statutory Termination Notice shall be recorded in the Copyright Office before the EDT (17 U.S.C. §304(c)(4)(A)). Proof of submission or recordation with the U.S. Copyright Office must be provided as Substantiating Documentation with the Termination Notice Form (Policy, § 4.1(b)).
§ 304(d) Termination Details
Type of Grant
Please identify the type of grant subject to the Termination Claim.
Terminable grants are exclusive or non-exclusive grants of a transfer or license of the renewal copyright or of any right under it (other than by will). (17 U.S.C. § 304(d)). Solely by way of example, such grants can have been made in Publishing Agreement, Songwriter Agreements, Co-Publishing Agreements, Assignment Agreements (including Single Song Assignments) and Purchase and Sale Agreements.
Parties to the Grant
Please state the names of the parties to the grant subject to the Termination Claim.
The grant may have been executed by one or more authors of the work, or by (a) the widow, widower or children of the author, if the author is not living; (b) the author’s executors, if such author, widow, widower, or children are not living; or (c) the author’s next of kin, in the absence of a will by the author. (17 U.S.C. § 304(a)(1)(C); (d)(1)).
Identify Person(s) Terminating the Grant
Please state the first and last name(s) of the party(ies) effecting termination of the grant, including the basis on which their are exercising such right by using one of the identifiers below. Separate each party by using a forward slash (/).
Identifiers include: Author, Widow/Widower, Child/Grandchild, Executor, Administrator, Personal Representative, Trustee
Please note this may be different than the party submitting the Termination Claim Form.
Termination of the grant may be affected by any of the parties to the grant described in “Parties to the Grant,” above. In the case of a grant executed by a person or persons other than the author, termination of the grant may be affected by the surviving person or persons who executed it. In the case of a grant executed by one or more of the authors of the work, termination of the grant may be effected, to the extent of a particular author’s share in the ownership of the renewal copyright, by the author who executed it or, if such author is dead, his or her termination interest may be exercised by (a) the widow or widower owns the author’s entire termination intertest, unless there are surviving children or grandchildren, in which case the widow or widower owns half of the author’s interest; (b) the author’s surviving children, and the surviving children of any dead child of the author , own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them; or (c) the author’s executor, administrator, personal representative, or trustee in the event the author’s widow, widower, children and grandchildren are not living. (17 U.S.C. § 304(c)(1); (d)(1)).
Date of the Grant
Please select the date of execution of the grant subject to the Termination Claim.
The grant must have been executed before January 1, 1978 (17 U.S.C. § 304(d)).
Work Copyright Date
Please select the original date of copyright registration.
Termination under § 304(d) is available for a copyrighted work subsisting in its renewal term on October 27, 1998 for which the termination right provided in subsection (c) has expired by such date (17 U.S.C. § 304(d)).
For Termination Claims pursuant to § 304(d) involving more than one (1) Work/Share, please use the § 304 Template found here.
Effective Date of Termination (EDT)
Please select the Effective Date of Termination (“EDT”) of the grant of transfer or license to the Existing Claimant for a particular Work/Share as set forth in the Statutory Termination Notice, or as otherwise agreed by the Terminating Claimant and the Existing Claimant (Policy, § 3.6). The Statutory Termination Notice is the notice of termination that the Terminating Claimant has served upon the Existing Claimant and recorded in the Copyright Office in accordance with 17 U.S.C. § 304(c)(4); (d)(1). (Policy, § 3.15).
The EDT must be a date during the period of five (5) years beginning at the end of seventy-five (75) years from the date copyright was originally secured (17 U.S.C. § 304(d)(2)).
Date of Service of Statutory Termination Notice
Please select the date of service of the Statutory Termination Notice.
The Statutory Termination Notice must be served upon the grantee or the grantee’s successor in interest not less than two (2) or more than ten (10) years before the EDT (17 U.S.C. § 304(c)(4)(A); (d)(1)).
Date of Recordation of Statutory Termination Notice with the Copyright Office
Please select the date of recordation of the Statutory Termination Notice with the Copyright Office.
A copy of the Statutory Termination Notice shall be recorded in the Copyright Office before the effective date of termination (17 U.S.C. § 304(c)(4)(A); (d)(1)).
Substantiating Documentation
Please provide copies of Substantiating Documentation pursuant to Section 5 of the Policy.
Documents required to be submitted by the Terminating Claimant:
- Statutory Termination Notice.
- Recordation of the Statutory Termination Notice.
- Additional documentation as may be required by The MLC in order to process the Termination Claim.
Additional documents that may be provided in support of the Termination Claim:
- Copies of agreements or other documentation supporting the Terminating Claimant's or its agent's right to terminate the grant on behalf of the grantor (author or author's statutory heirs, if applicable, pursuant to 17 U.S.C. § 203, 17 U.S.C. § 304(c) or 17 U.S.C. § 304(d)).
- Copies of the grant subject to the Termination Notice.
- Identification of product distributed by DMPs (Digital Music Providers) claimed by the Terminating Claimant (specific product embodying a sound recording of the Work licensed prior to or after the EDT) with a first utilization date after the EDT.
- Copies of accounting statements showing payment of mechanical royalties for product identified by Terminating Claimant.
- Notarized declarations explaining the reasons why other Substantiating Documentation cannot be submitted, along with an explanation of any relevant ownership details being asserted and any chain of title or relevant licensing history for the applicable Work/Share.
- Proof of Service of Statutory Termination Notice.
- Additional documentation a Terminating Claimant believes to be relevant to the Termination Dispute.