Circular 20: Requests for Reconsideration

w 	copyright.gov
CIRCULAR
20
The Copyright Office will register a claim to copyright if it
determines that the material deposited constitutes copyright-
able subject matter and that all other legal and formal require-
ments have been met. Similarly, the Office will register claims
in mask works or vessel hull designs if it determines that the
relevant legal and formal requirements for those works have
been met. If the Office determines that these requirements
have not been met, the Office will refuse to register the claim.
The most common grounds for refusal include:
• 	The work lacks the minimum level of creative author-
ship to support a copyright claim.
• 	You failed to submit a complete application, filing fee,
and/or deposit copies.
• 	You asserted a claim to copyright in a work that is not
covered by U.S. copyright law.
• 	The work lacks human authorship.
• 	The work is not fixed in a tangible medium of expression.
For more information on the reasons why the Office might
refuse registration, see chapter 600, section 608, chapter 1500,
section 1503.2, and chapter 1700, section 1702 of the Compen-
dium of U.S. Copyright Office Practices.
When a claim is refused, you will receive a notification in
writing of the refusal and the reasons for the Office’s decision.
This notification is sent to the person listed in the Correspon-
dent section of the application.
Deadlines and Procedure
If you disagree with the Office’s decision, you may request
reconsideration through an administrative appeal process.
You may make an initial request, which is the first request
for reconsideration. If you wish to appeal the result of that
request, you may make a second request of reconsideration.
The U.S. Copyright Office does not
register all claims to copyright. If the
Office refuses to register your claim,
you may request reconsideration.
This circular provides guidelines for
requesting reconsideration. It covers:
• 	When the Office may refuse
registration
• 	The reconsideration process
• 	How to file a first or second request
for reconsideration.
For more information, see chapter 1700
of the Compendium of U.S. Copyright
Office Practices.1
Requests for
Reconsideration

Requests for Reconsideration	2
Each request for reconsideration must be accompanied by the appropriate filing fee, found on the
Office’s website.
Your request for reconsideration and filing fee must be postmarked or dispatched by a commer-
cial carrier, courier, or messenger within three months of the date of the initial refusal (first request
for reconsideration) or the date of the Office’s response to your first request for reconsideration
(second request for reconsideration). The deadline may be suspended or waived by the Office if it
receives a request showing good cause for an extension.
Content of a Request for Reconsideration
A request for reconsideration must be in writing and accompanied by the appropriate filing fee. The
request for reconsideration must include:
• 	The label “FIRST RECONSIDERATION” or “SECOND RECONSIDERATION,” as applicable.
• 	The ten or eleven digit case number/service request number that the Office assigned to the claim.
• 	The seven digit correspondence ID number that appears in the subject line of the letter refusing
to register the work.
• 	The name of the copyright claimant(s) specified in the application.
• 	The title(s) of the work exactly as it appears in the application.
• 	The reasons you believe that the registration was improperly refused, including any supple-
mentary information or legal arguments that support your position. You should specifically
address the Office’s reasons for denying registration in your materials.
The pages of the request should be numbered, including any attachments or exhibits. Send one
copy of the request and the reply sheet that was attached to the refusal to register or the Office’s
response to the first request for reconsideration to the address below
Address for Delivery
Each request for reconsideration should be addressed on the outside of the envelope as follows:
[FIRST/SECOND] REQUEST FOR RECONSIDERATION
U.S. Copyright Office
RAC Division
P.O. Box 71380
Washington, DC 20024-1380
Review of a Request for Reconsideration
A first request for reconsideration will be reviewed by a Registration Program staff attorney who
did not participate in the initial examination of your claim. The Office will base its decision on your
submission and the administrative record. The Office will notify you in writing of its decision to
register the work or uphold its refusal to register within four months of the date your request was
received by the Registration Program.

Requests for Reconsideration	3
A second request for reconsideration will be reviewed de novo by the Review Board, which con-
sists of the Register of Copyrights, the general counsel of the U.S. Copyright Office (or their respec-
tive designees), and a third individual designated by the Register. The Office will base its decision on
your written submission and the administrative record. In addition, the Review Board may consider
any prior correspondence between you and the Office, matters of general knowledge, or matters
known to the Office or the Review Board. The Office will notify you in writing of its decision to reg-
ister the work or uphold its refusal to register.
The Review Board’s decision in response to a second request for reconsideration constitutes the
final agency action on the application for registration. For more information, see chapter 1700, sec-
tion 1706 of the Compendium. A decision issued by the Review Board has no precedential value, nor
is any decision binding upon the Board in any other appeal.
If the Office registers your work following a first or second request for reconsideration, the Office
will provide an effective date of registration on the registration certificate, which is the date on
which the Office received an acceptable application, deposit, and filing fee for the work. For more
information, see chapter 600, section 625 of the Compendium.
note
1. This circular is intended as an introduction to requesting reconsideration of a refusal to register
a claim to copyright. The authoritative source for U.S. copyright law is the Copyright Act, codified in
Title 17 of the United States Code. Copyright Office regulations are codified in Title 37 of the Code of
Federal Regulations. Copyright Office practices and procedures are summarized in the third edition of
the Compendium of U.S. Copyright Office Practices, cited as the Compendium. The copyright law, regu-
lations, and the Compendium are available on the Copyright Office website, www.copyright.gov.

1 	U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov
For Further Information
By Internet
The copyright law, the Compendium, electronic registration, application forms, regulations,
and related materials are available on the Copyright Office website at www.copyright.gov.
By Email
To send an email inquiry, click the Contact Us link on the Copyright Office website.
By Telephone
For general information, call the Copyright Public Information Office at (202) 707-3000 or
1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time,
Monday through Friday, except federal holidays. To request application forms or circulars by
postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.
By Regular Mail
Write to
Library of Congress
U.S. Copyright Office
Outreach and Education Section
101 Independence Avenue, SE #6304
Washington, DC 20559-6304
CIRCULAR 20 REVISED: 03 /2021 	PRINT: 00 /0000 — 0,000