Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceLJN NewslettersNewsSections

Examining 'Harmless Errors' Provision For Copyright Termination Notices

By Stan Soocher

Part One of this article, last month, introduced the dispute between the heirs of Superman co-creator Jerry Siegel and Warner Bros. and discussed the “harmless errors” clause itself. Part Two discusses the Register of Copyrights' regulations and delves into the Siegel heirs and Warner Bros. Entertainment arguments, as well as related court rulings.

“Harmless errors” in copyright termination notices “that do not materially affect the adequacy of the information required to serve the purposes of” 17 U.S.C. ”304(d) and 203, which provide timetables for the recapture of assigned copyrights, “shall not render the notice invalid.” See, 37 C.F.R. '201.10(e)(1). Section 201.10(e)(2) lists “safety value” examples of information that can constitute “harmless errors” in a termination notice, such as “in giving the date or registration number” so long the errors were “made in good faith and without any intention to deceive, mislead, or conceal relevant information.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.