Under Section 203 of the Copyright Act (17 U.S.C. § 203), some authors or other owners of copyrighted works may reclaim a grant of copyright with respect to works created on or after January 1, 1978. You can access Section 203 on Copyright.gov here. For additional information about the 'post 1978 termination', see Chapter 37 of the Code of Federal Regulations, Section 201.10 (37 C.F.R. § 201.10), available here.
In order to process a member's request to update a work records pursuant to a termination, ASCAP requires:
- Correspondence from the claiming publisher describing the request, along with instruction as to the ASCAP publisher member that is to receive the reclaimed interest received by ASCAP no earlier than one quarter in advance of the effective date; and·A copy of the Notice of Termination as served on the original grantee, which should include a list of works claimed, along with evidence of recordation with the Copyright Office. (Note: Evidence of submission of the Notice of Termination to the Copyright Office is sufficient, we do not need to see evidence of completed recordation)
Cover letters and copies of notices should be submitted in Member Access via Member Service Inquiry (Category: 'My Catalog', Topic: 'Copyright Claims - Reclamation of Post-1978 Works'). Please note that ASCAP can accept claims no more than one quarter in advance of the effective date.
Be advised that ASCAP will not make a determination of the sufficiency of the request, but will provide a copy of the Notice of Termination to the original grantee to confirm the termination before updating our records.