Summary: Following consultations with songwriters and other stakeholders who reached out to the Copyright Office and some Congressional offices, the Copyright Office published a Notice of Inquiry in the Federal Register requesting comments on the applicability of the termination provisions in Title 17 to certain grants of transfers and licenses of copyrights made prospectively by authors, specifically those entered into before January 1, 1978 for works that were not created until January 1, 1978 or later (so-called “Gap Grants”). The Office arrived at the conclusion that Gap Grants are terminable under section 203 as currently codified, because as a matter of law the date of execution of the grant will be on or after January 1, 1978. Until there is a work of authorship, there is no copyright interest, no transfer of that interest, and no author for whom exclusive rights (not to mention termination rights) can vest. 17 U.S.C. §§ 101, 102(a), 106 and 203. Nonetheless, the Copyright Office agrees with many stakeholders that it would be beneficial for Congress to clarify the statute, to ensure greater certainty in the marketplace with respect to the accuracy of copyright ownership.