Page:Compendium of US Copyright Office Practices, II (1984).pdf/557

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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 Copyright Office. After recordation, 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]