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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.”

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