U.S. Copyright Office Services

copyright-compendium-chapter-2400U.S. Copyright Office ServicesGuidance

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C O M P E N D I U M : Chapter 2400
U.S. Copyright Office Services
2401 What This Chapter Covers.............................................................................................................................................. 4
2402 The Records Research and Certification Section (RRCS) ................................................................................... 4
2403 Contact Information for RRCS....................................................................................................................................... 5
2404 The Public Records Reading Room ............................................................................................................................. 5
2405 Limitations on U.S. Copyright Office Services and Information ....................................................................... 6
2405.1 Reader Registration Cards ............................................................................................................................................. 6
2405.2 Restricted Records ............................................................................................................................................................ 6
2405.3 Limitations on Services ................................................................................................................................................... 7
2405.4 Delays for Requests Submitted by Mail..................................................................................................................... 7
2406 Searches of U.S. Copyright Office Records................................................................................................................ 7
2406.1 Searches Conducted by Members of the Public ..................................................................................................... 7
2406.2 Searches Conducted by RRCS ........................................................................................................................................ 8
2406.2(A) Who May Request a Search? .......................................................................................................................................... 8
2406.2(B) How to Request a Search ................................................................................................................................................ 8
2406.2(C) Search Fees........................................................................................................................................................................... 9
2406.3 Limitations on Information Available for Searches.............................................................................................. 9
2407 Viewing, Inspecting, and Copying U.S. Copyright Office Records ................................................................. 10
2407.1 Registration Records ..................................................................................................................................................... 11
2407.1(A) Who May View, Inspect, or Obtain Copies of the U.S. Copyright Office’s Registration Records? .... 11
2407.1(B) Registration Records That May be Viewed, Inspected, or Copied ............................................................... 12
2407.1(B)(1) Registrations, Applications, and Correspondence ............................................................................................. 12
2407.1(B)(2) Deposits for Claims that Have Been Registered or Refused ........................................................................... 12
2407.1(B)(3) Pending Applications .................................................................................................................................................... 12
2407.1(B)(4) Deposits for Pending Applications ........................................................................................................................... 13
2407.1(C) How to Request an Inspection of the U.S. Copyright Office’s Registration Records ............................. 13
2407.1(C)(1) Registrations, Applications, and Correspondence ............................................................................................. 13
2407.1(C)(2) Deposits .............................................................................................................................................................................. 14
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2407.1(D) How to Request Copies of the U.S. Copyright Office’s Registration Records ........................................... 14
2407.1(D)(1) Applications, Correspondence, and Other Registration Records ................................................................. 15
2407.1(D)(2) Deposits .............................................................................................................................................................................. 15
2407.1(E) Limitations on Inspections and Copying of Registration Records ............................................................... 17
2407.1(E)(1) In Process Files ................................................................................................................................................................ 17
2407.1(E)(2) Custody of Deposits ....................................................................................................................................................... 17
2407.2 Recordation Records ..................................................................................................................................................... 17
2407.2(A) Who May View, Inspect, or Obtain Copies of the U.S. Copyright Office’s Recordation Records? ..... 17
2407.2(B) Recordation Records That May Be Viewed, Inspected, or Copied ............................................................... 18
2407.2(B)(1) Recordations..................................................................................................................................................................... 18
2407.2(B)(2) Pending Recordations ................................................................................................................................................... 18
2407.2(C) How to Request an Inspection of the U.S. Copyright Office’s Recordation Records ............................. 19
2407.2(D) How to Request Copies of the U.S. Copyright Office’s Recordation Records ........................................... 19
2407.2(E) Limitations on Inspections and Copying of Recordation Records ............................................................... 20
2407.2(E)(1) In Process Files ................................................................................................................................................................ 20
2407.2(E)(2) Refused Recordations ................................................................................................................................................... 20
2407.3 Administrative Manuals ............................................................................................................................................... 20
2407.4 Notices of Intent to Enforce Restored Copyrights ............................................................................................. 20
2407.5 Designation of Agent Information ............................................................................................................................ 21
2407.6 Inspection and Copying Fees ...................................................................................................................................... 21
2408 Additional Certificates of Registration or Renewal ........................................................................................... 21
2408.1 Who May Obtain an Additional Certificate of Registration or Renewal? .................................................. 22
2408.2 How to Obtain an Additional Certificate of Registration or Renewal ......................................................... 22
2408.3 Fees for Additional Certificates of Registration or Renewal .......................................................................... 22
2409 Certification of U.S. Copyright Office Records...................................................................................................... 22
2409.1 Who May Obtain Certification of U.S. Copyright Office Records? ................................................................. 23
2409.2 Records That May Be Certified .................................................................................................................................. 23
2409.2(A) Search Reports................................................................................................................................................................. 23
2409.2(B) Certificates of Registration.......................................................................................................................................... 23
2409.2(C) Registration Records ..................................................................................................................................................... 24
2409.2(D) Deposits .............................................................................................................................................................................. 24
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2409.2(D)(1) Deposit Copy(ies) and Identifying Material ......................................................................................................... 24
2409.2(D)(2) Actual Deposits ................................................................................................................................................................ 25
2409.2(E) Certificates of Recordation.......................................................................................................................................... 25
2409.2(F) Recorded Documents .................................................................................................................................................... 26
2409.2(G) Prints or Labels Deposited in the U.S. Patent and Trademark Office Before July 1, 1940 ................. 26
2409.2(H) Other Records Maintained by the U.S. Copyright Office .................................................................................. 26
2409.3 How to Request Certified Copies of U.S. Copyright Office Records ............................................................. 27
2409.4 Certification Fees ............................................................................................................................................................ 27
2409.5 Limitations on Certification of U.S. Copyright Office Records ....................................................................... 27
2410 Full-Term Retention of Deposits............................................................................................................................... 27
2410.1 Who May Request Full-Term Retention? .............................................................................................................. 28
2410.2 How to Request Full-Term Retention ..................................................................................................................... 28
2410.3 Full-Term Retention Fees ............................................................................................................................................ 29
2411 Expedited Service ........................................................................................................................................................... 29
2411.1 Who May Request Expedited Service?.................................................................................................................... 29
2411.2 How to Request Expedited Service .......................................................................................................................... 29
2411.3 Fees for Expedited Service .......................................................................................................................................... 29
2412 Services Provided to Other U.S. Government Agencies.................................................................................... 30
2413 Denial of Service and Appeals .................................................................................................................................... 30
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C O M P E N D I U M : Chapter 2400
U.S. Copyright Office Services
2401 What This Chapter Covers
This Chapter discusses the practices and procedures for searching, retrieving, viewing,
inspecting, copying, and certifying certain public records that are maintained by the U.S.
Copyright Office. It also discusses other services provided by the Office, such as issuing
additional certificates of registration and arranging for the full-term retention of deposits.
This Chapter does not discuss the Office’s policies or procedures for responding to
requests submitted under the Freedom of Information Act (“FOIA”). For information
concerning FOIA requests, see the Office’s FOIA webpage.
For information concerning the practices and procedures for recording a transfer of
copyright ownership or other documents pertaining to copyright, see Chapter 2300.
For information concerning services provided by the Licensing Division, including
searching, copying, and certifying records related to the compulsory and statutory
licenses, see the Licensing Division’s webpage.
2402 The Records Research and Certification Section (RRCS)
The Records Research and Certification Section (“RRCS”) is the section of the U.S.
Copyright Office that is primarily responsible for providing access to the Office’s public
records, including certificates of registration, applications, deposits, correspondence
related to copyright registrations and renewals, recorded documents, and certificates of
recordation.
Specifically, RRCS provides the following services to the public:
• Providing access to the Office’s completed catalogs, indexes, and/or other public
records.
• Searching the Office’s public records and preparing written reports concerning the
information contained therein.
• Facilitating requests to inspect deposits and other public records.
• Providing copies of the Office’s public records for use in litigation or other
authorized purposes.
• Preparing additional copies of certificates of registration or renewal.
• Certifying Office records.
These services are described in more detail in Sections 2406 through 2409 below.
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RRCS is part of the U.S. Copyright Office’s Office of Public Records and Repositories.
Among other responsibilities, this Office processes requests for full-term retention of
deposits. This service is discussed in Section 2410 below.
2403 Contact Information for RRCS
RRCS is located in Room LM-453 of the James Madison Memorial Building, 101
Independence Avenue SE, Washington, DC 20559. The section is open Monday through
Friday from 8:30 a.m. to 5:00 p.m. Eastern Time (except on legal holidays).
To request a search of the Office’s public records or to request a cost estimate for a
search, members of the public may contact RRCS using the following information:
Email: copysearch@copyright.gov
Telephone: (202) 707-6787
Facsimile: (202) 252-3485
To request a cost estimate for a search, members of the public may contact RRCS by
email or telephone or may submit an online request using the form posted on the
Office’s website.
For information concerning other services provided by RRCS, members of the public
may contact RRCS staff using the following information:
Email: copycerts@copyright.gov
Telephone: (202) 707-6787
Facsimile: (202) 252-3485
Search requests, requests for copies of public records, or requests for other services
provided by RRCS may be submitted by mail by sending the request to the following
address:
U.S. Copyright Office
Records Research and Certification
P.O. Box 70400
Washington D.C. 20559-0400
A request to expedite any of the services provided by RRCS may be submitted by email,
by facsimile, or by mail using the contact information listed above.
N O T E : Members of the public who request services from the U.S. Copyright Office via U.S.
mail should be aware that mail deliveries may be delayed for the reasons discussed in
Section 2405.4.
2404 The Public Records Reading Room
The public may access many of the public records maintained by the U.S. Copyright
Office in person in the Office’s Public Records Reading Room, which is located in Room
LM-404 of the James Madison Memorial Building, 101 Independence Avenue SE,
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Washington, DC 20559. The Public Records Reading Room is open Monday through
Friday from 8:30 a.m. to 5:00 p.m. Eastern Time (except on legal holidays).
2405 Limitations on U.S. Copyright Office Services and Information
2405.1 Reader Registration Cards
Members of the public must obtain a reader registration card from the Library of
Congress in order to search for, view, or inspect certain records that are maintained by
the U.S. Copyright Office. Reader registration cards are not required to access records
that are made available through the Office’s website.
Reader registration cards may be obtained by completing an application and presenting
a valid driver’s license, passport, or other photo identification at one of the following
reader registration stations:
• Room LM-140 of the James Madison Memorial Building, 101 Independence Avenue
SE, Washington, DC 20559. This station is open Monday through Friday from 8:30
a.m. to 4:30 p.m. Eastern Time (except on legal holidays) and on Saturdays from
8:30 a.m. to 5:00 p.m. Eastern Time.
• Room LJ-100 of the Thomas Jefferson Building, 10 First Street SE, Washington, DC
20540. This station is open Monday, Wednesday, and Thursday from 4:30 p.m. to
9:00 p.m. Eastern Time (except on legal holidays).
2405.2 Restricted Records
The following records will not be made available to the public, except to the extent that
they are available under the Freedom of Information Act (“FOIA”):
• Correspondence, memoranda, reports, opinions, and similar material relating to
internal matters of personnel and procedures, office administration, or security
matters.
• Correspondence, memoranda, reports, opinions, and similar material relating to
internal consideration of policy and decisional matters, including the work product
of any attorney.
Records relating to pending applications or pending documents will not be made
available to the general public, although specific persons may be permitted to access
these records provided that they meet the requirements set forth in the Office’s
regulations. For information concerning these requirements, see Sections 2407.1(B)(3),
2407.1(B)(4), and 2407.2(B)(2) below.
Direct public access will not be permitted to any financial or accounting records,
including those related to deposit accounts.
For additional information concerning restricted records, see Limitations on the
Information and Service Provided by the Copyright Office (Circular 17).
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37 C.F.R. § 201.2(b)(6), (c)(3).
2405.3 Limitations on Services
The U.S. Copyright Office generally does not provide the following services:
• Certifying records maintained by any person or organization other than the U.S.
Copyright Office (including works held in the collections of the Library of Congress).
• Providing legal advice.
• Furnishing the names of copyright attorneys, publishers, agents, or other similar
information.
• Assisting with the publication, performance, or production of a work.
• Comparing deposits submitted for registration to determine whether a work
contains infringing material or is substantially similar to another work.
• Granting permission to use a copyrighted work.
• Conducting copyright enforcement.
• Issuing ISBN, ISSN, or ISRC numbers.
See 37 C.F.R. § 201.2(a).
2405.4 Delays for Requests Submitted by Mail
Members of the public who request services from RRCS via U.S. mail should be aware
that all mail sent to the U.S. Copyright Office will be screened offsite before it is
delivered. This will delay the delivery of any communication sent to the Office by U.S.
mail.
2406 Searches of U.S. Copyright Office Records
2406.1 Searches Conducted by Members of the Public
Any member of the public may search the U.S. Copyright Office’s public records using
the Copyright Office’s Public Catalog. This database is available through the Office’s
website. It contains records concerning registrations issued by the Office and
documents recorded with the Office since January 1, 1978. It also contains records
concerning preregistrations issued since November 15, 2005, registrations for vessel
designs issued by the Office since July 29, 1999, and registrations for mask works issued
since January 7, 1985.
Records relating to works registered before January 1, 1978, may be searched using the
Office’s card catalog, the Catalog of Copyright Entries, or other physical records
maintained by the Office. Many of these records are stored in the Public Records
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Reading Room and may be accessed by any member of the public who presents a reader
registration card.
For additional information on conducting self-searches, see How to Investigate the
Copyright Status of a Work (Circular 22); The Copyright Card Catalog and the Online Files
of the Copyright Office (Circular 23); and Obtaining Access to and Copies of Copyright
Records and Deposits (Circular 6).
2406.2 Searches Conducted by RRCS
Upon request and for a fee, RRCS staff will conduct a search of the Office’s public records
and will prepare a written report concerning the information disclosed in any particular
deposits, registrations, or recorded documents. As discussed in Section 2409.2(A),
search reports prepared by the Office may be certified upon request. The Office’s fees
for these services are discussed in Sections 2406.2(C) and 2409.4 below.
When conducting a search, RRCS staff may consult registrations, renewals, and recorded
documents, pending applications and requests for recordation, or other pertinent
records maintained by the Office.
The procedure for requesting a search of the Office’s records is discussed in Section
2406.2(B) below.
2406.2(A) Who May Request a Search?
Any member of the public may ask RRCS staff to conduct a search of the U.S. Copyright
Office’s public records.
2406.2(B) How to Request a Search
To request a search of the Office’s public records, members of the public should submit a
written request to RRCS. Written requests may be submitted by email, facsimile, mail, or
in person, and should be sent to the address specified in Section 2403, together with the
appropriate search fee. For information concerning the search fee, see Section
2406.2(C).
When requesting a search involving a work of authorship, members of the public should
provide (i) the title of the work, (ii) the name(s) of the author(s), and (iii) the name(s) of
the copyright claimant(s). The following information (if available) may also be useful:
• Variation(s) on the title of the work.
• Pseudonym(s) for the author of the work.
• The name(s) of the probable copyright owner(s).
• The approximate year when the work was created, published, and/or registered.
• A short description of the type of work (e.g., book, motion picture, stage play,
screenplay, musical composition, sound recording, photograph, etc.).
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• Copyright registration number(s) and the year of registration (if any).
• Any other data related to the registration.
When requesting a search involving a recorded document, members of the public should
provide as much information about the document as possible. The following information
(if known) may be helpful:
• The document recordation number(s).
• The title(s) of the work(s) and registration numbers listed in the document (if any).
• The name(s) of the party(ies) who executed the document(s).
2406.2(C) Search Fees
The current fees for conducting a search of the Office’s public records and for preparing
a written report concerning the results of the search are set forth in the Office’s fee
schedule under the heading “Retrievals and Copies.”
2406.3 Limitations on Information Available for Searches
Searches conducted by RRCS are not necessarily conclusive, and members of the public
should not assume that a work is protected by copyright or in the public domain based
on the information or the lack of information in the Office’s records. Information
concerning a particular work may be incomplete or nonexistent for many reasons,
including the following:
• The information provided in the search request may not be complete or specific
enough to identify the work.
• The work may be registered under a different title or as a part of a larger work.
• A work may or may not be registered as of the date that the search is conducted,
because registration is optional for works created or first published on or after
January 1, 1978, and registration for such works may be made at any time during
the term of the copyright.
• An unpublished work created before January 1, 1978 may or may not be registered as
of the date that the search is conducted, because unpublished works were protected
under the common law without the need for registration prior to January 1, 1978.
• A registration for a pre-1978 work may or may not be renewed as of the date that
the search is conducted. A work registered or first published with notice before
January 1, 1964 had to be renewed with the U.S. Copyright Office to prevent the
work from falling into the public domain. By contrast, this requirement does not
apply to works registered or first published with notice between January 1, 1964
and December 31, 1977. (Works created or first published on or after January 1,
1978, do not have renewal terms.)
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• A search may be limited to the information that appears in the Copyright Office’s
Public Catalog. This database will not include recent registrations or recordations
issued by the Office that have not been added to the database as of the date that the
search is conducted. In some cases, members of the public may inspect or obtain
copies of pending records or obtain limited information concerning such records,
subject to the restrictions discussed in Sections 2407.1(B)(3), 2407.1(B)(4),
2407.1(E)(1), 2407.2(B)(2), and 2407.2(E)(1) below.
• Recording a transfer of copyright ownership or other document pertaining to
copyright is optional. As a result, documents concerning the ownership of a
particular work may or may not be recorded with the Office as of the date that the
search is conducted, or the records may be outdated or incomplete.
• The Office does not maintain lists of works that are in the public domain.
• In most cases, the Office’s records do not contain a separate title for a contribution
to a collective work or a contribution to a database but only the title of the collective
work or database as a whole.
• The Office does not maintain records related to trademarks and patents. For
information concerning these types of records, visit the U.S. Patent and Trademark
Office’s website.
2407 Viewing, Inspecting, and Copying U.S. Copyright Office Records
The U.S. Copyright Office allows authorized parties to view, inspect, and obtain copies of
the Office’s public records, and it provides indexes to assist in locating and retrieving
such records. Some records are available online or in the Public Records Reading Room,
but not all. “Viewing” a public record may be accomplished by accessing the Office’s
website (www.copyright.gov) or by visiting the Office’s Public Records Reading Room.
“Inspecting” a public record may be accomplished only by submitting a written request
to RRCS.
The specific parties who are authorized to view, inspect, and obtain copies of
applications, deposits, and other registration records are discussed in Section 2407.1(A)
below. The procedures for requesting an inspection or obtaining copies of these records
are discussed in Sections 2407.1(C) and 2407.1(D) below.
The specific parties who are authorized to view, inspect, and obtain copies of recorded
documents and other recordation records are discussed in Section 2407.2(A) below. The
procedures for requesting an inspection or obtaining copies of these records are
discussed in Sections 2407.2(C) and 2407.2(D) below.
For information concerning the procedures for inspecting or obtaining copies of the
Office’s administrative manuals, notices of intent to enforce restored copyrights, or
designations of agents to receive notification of claimed infringement, see Sections
2407.3 through 2407.5 below.
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2407.1 Registration Records
2407.1(A) Who May View, Inspect, or Obtain Copies of the U.S. Copyright
Office’s Registration Records?
Online Records: Any member of the public may view or make copies of the registration
records that are made available through the U.S. Copyright Office’s website.
Records in the Public Records Reading Room: Certain registration records may be viewed
or copied by any member of the public who presents a reader registration card,
including the records located in the Public Records Reading Room.
Pending Applications: As a general rule, records relating to pending applications may be
inspected or copied only by the claimant named in a pending application or the
claimant’s duly authorized agents. The specific types of records that may be inspected or
copied and the specific parties who may inspect or obtain copies of those records are
discussed in Section 2407.1(B)(3) below.
Deposit Copy(ies): The deposit copy(ies) for a work that has been registered or refused
by the Office may be inspected by any member of the public who presents a reader
registration card. By contrast, the claimant named in the application and his or her duly
authorized agent are generally the only parties who may inspect the deposit copy(ies)
for a pending application.
Any of the parties listed below may request a certified or uncertified copy of the deposit
copy(ies) or identifying material for a copyright claim, provided that the party satisfies
the conditions set forth in Section 2407.1(D)(2):
• The claimant of record for the copyright.
• A designated agent for the claimant of record.
• The owner of any of the exclusive rights in the copyright (including an heir of a
deceased author or copyright owner), provided that the ownership can be
demonstrated by written documentation of the transfer of ownership.
• An attorney representing the plaintiff or the defendant in actual or prospective
litigation involving the copyrighted work.
• A court issuing an order for the reproduction of the deposit for a registered work
that is to be submitted as evidence in a case involving that work.
The specific procedures for requesting an inspection or copies of the Office’s public
records are discussed in Sections 2407.1(C) and 2407.1(D) below.
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2407.1(B) Registration Records That May be Viewed, Inspected, or Copied
2407.1(B)(1) Registrations, Applications, and Correspondence
As a general rule, registration records for claims that have been registered or refused by
the U.S. Copyright Office may be viewed or copied by any member of the public,
including certificates of registration, completed applications, and any written
communications between the applicant and the Office.
2407.1(B)(2) Deposits for Claims that Have Been Registered or Refused
As a general rule, the deposit copy(ies) or identifying material for a claim that has been
registered or refused by the U.S. Copyright Office may be inspected by any member of
the public, provided that the Office has retained a copy of that material. As discussed in
Section 2407.1(A), certain parties who satisfy the conditions set forth in Section
2407.1(D)(2) may obtain a reproduction of the deposit for a claim that has been
registered or refused.
2407.1(B)(3) Pending Applications
Records related to pending applications for registration may be inspected or copied by
the claimant named in the application or an authorized representative of the claimant.
This includes the application and any written communications between the applicant
and the Office concerning the claim. It also includes any request for reconsideration that
is currently pending before the Office.
In exceptional circumstances, the Register of Copyrights may allow someone other than
the copyright claimant to inspect or obtain copies of a pending application or the
correspondence file for a pending application, provided that (i) the request is made in
writing, (ii) the person making the request is properly and directly concerned, and (iii)
there is good cause for providing access to the requested materials.
Members of the general public may obtain limited information concerning pending
applications using the computers located in the Public Records Reading Room. This
information may include:
• The title(s) of the work(s).
• The administrative classification for the work (e.g., TX, PA, VA, SR, etc.).
• The correspondent or the author named in the application.
• The claimant named in the application.
• The date that the application, deposit, and/or filing fee were received by the Office.
• The case number/service request number assigned to the application.
• The status of the application.
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37 C.F.R. § 201.2(b)(3)(i), (b)(5), and (c)(1)-(2).
N O T E : The computers in the Public Records Reading Room cannot be used to determine
whether a claim is pending or whether it has been registered or refused.
Members of the public may ask RRCS to prepare a written report concerning a pending
application. The Office charges a fee for this service, which is discussed in Section
2406.2(C) above. The limited information that will be included in the report is set forth
in Section 201.2(b)(3)(i) of the regulations.
2407.1(B)(4) Deposits for Pending Applications
The deposit copy(ies) or identifying material for a pending application may be inspected
by the claimant named in the application or an authorized representative of the
claimant.
As discussed in Section 2407.1(A), certain parties who satisfy the conditions set forth in
Section 2407.1(D)(2) may obtain a reproduction of the deposit for a pending
application.
2407.1(C) How to Request an Inspection of the U.S. Copyright Office’s Registration
Records
This Section discusses the procedure for requesting an inspection of the Office’s
registration records. The specific parties who are authorized to inspect these records
are discussed in Sections 2407.1(A) through 2407.1(B)(4) above. If the request is
approved, the requested records will be made available for inspection at the Office
during normal business hours. In all cases, the requesting party must present a reader
registration card before he or she will be allowed to inspect any public records
maintained by the Office.
2407.1(C)(1) Registrations, Applications, and Correspondence
To inspect the certificate of registration, application, or correspondence file for a
pending application or a claim that has been registered or refused by the Office, an
authorized party should submit a written request to RRCS that contains the following
information:
• The party’s name and contact information.
• A description of the material the party wishes to inspect.
• The date the party wishes to inspect the materials.
• The registration and/or renewal number(s) (if any) and/or the case
number/service request number assigned to the application.
N O T E : RRCS cannot retrieve records for inspection unless the requesting party provides
a registration and/or renewal number, a case number, or a service request number.
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The following information (if available) may also be useful:
• The title(s) of the work(s).
• The administrative classification for the work (e.g., TX, PA, VA, SR, etc.).
• The author, claimant, and/or correspondent named in the application.
• The date that the registration was issued (if any) or the date that the application,
deposit, and/or filing fee were received by the Office.
The request should be sent to RRCS at the address specified in Section 2403 together
with the appropriate fee. For information concerning the inspection fee, see Section
2407.6.
2407.1(C)(2) Deposits
To inspect the deposit copy(ies) or identifying material for a pending application or a
claim that has been registered or refused by the Office, authorized parties should submit
a written request to RRCS at the address specified in Section 2403 together with the
appropriate fee. The request should include the information set forth in Section
2407.1(C)(1).
In addition, the requesting party must complete and sign a form titled “Request for
Inspection of Copyright Deposit.” Copies of this form may be obtained from RRCS at the
address provided in Section 2403 above. By signing this form the requesting party
agrees not to copy or deface the deposit. Willfully removing, mutilating, obliterating,
damaging, or destroying any record deposited with the U.S. Copyright Office is a crime
that is punishable under 18 U.S.C. §§ 1361, 2071(a).
During the inspection, the requesting party may take limited notes directly on this form.
When the inspection is complete and before the party leaves the inspection area, RRCS
staff will review the form to ensure that the party’s notes (if any) do not constitute
prohibited copying. See Compuware Corp. v. Serena Software International, Inc., 77 F.
Supp. 2d 816 (E.D. Mich. 1999) (noting that the Copyright Office imposes “strict
limitations” on the inspection of deposit copies).
N O T E : Physical deposits are stored offsite. Therefore, requesting parties should make an
appointment with RRCS and should request the item(s) they wish to inspect well in
advance of their visit to the Office.
2407.1(D) How to Request Copies of the U.S. Copyright Office’s Registration Records
This Section discusses the procedure for requesting copies of the Office’s registration
records. The specific parties who may obtain copies of these records are discussed in
Sections 2407.1(A) through 2407.1(B)(4) above.
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2407.1(D)(1) Applications, Correspondence, and Other Registration Records
To obtain copies of an application, correspondence, or other records related to a
pending application or a claim that has been registered or refused by the Office,
authorized parties should submit a written request to RRCS containing the following
information:
• The party’s name and contact information.
• A clear identification of the type of records to be copied (e.g., correspondence,
copies of deposits, etc.).
• A clear identification of the specific records to be copied, including the following
information (if possible):
− The type of work involved (e.g., novel, lyrics, photograph, etc.).
− The complete title of the work.
− The name of the author(s) of the work, including any pseudonym(s) by which
the author may be known.
− The name of the copyright claimant(s).
− The registration number (if any).
− The year or approximate year the registration was issued.
The request should be sent to RRCS at the address specified in Section 2403, together
with the appropriate fee.
For information concerning the procedure for requesting an additional certificate of
registration or renewal, see Section 2408.
2407.1(D)(2) Deposits
To obtain certified or uncertified reproductions of the deposit copy(ies), phonorecords,
or identifying material for a copyright claim, authorized parties should submit a written
request to RRCS containing the information set forth in Section 2407.1(D)(1).
The Office may provide a reproduction of the deposit for a pending application or a
registered or refused claim, provided that the Office has retained the material and
provided that one of the following conditions has been met:
• The Office receives written authorization from the copyright claimant of record or
his or her designated agent.
• The Office receives written authorization from the owner of any of the exclusive
rights in the copyright (including an heir of a deceased author or copyright owner),
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provided that the ownership has been demonstrated by written documentation of
the transfer of ownership.
• The Office receives a court order for the reproduction of the deposited copy(ies),
phonorecord(s), or identifying material for a registered work that is the subject of
litigation, provided that the order is issued by a court with jurisdiction over the case
and provided that the reproduction is to be submitted as evidence.
• The Office receives a written request from an attorney representing a plaintiff or
defendant in litigation involving the work (either actual or prospective), provided
that the request contains the following information:
− The names of all the parties involved.
− The nature of the controversy.
− The name of the court in which the case is pending, or in the case of prospective
litigation, a full statement of the facts of the controversy involving the work.
− Satisfactory assurance that the requested copy will be used only in connection
with the litigation specified in the request.
In the case of a request from an attorney representing the plaintiff or defendant in
actual or prospective litigation, RRCS will ask the attorney to complete and submit a
signed litigation statement on Form LS. RRCS will accept an electronic or handwritten
signature. The form should contain the information set forth above for each deposit
requested, along with the attorney’s bar number or equivalent identifying information.
However, the litigation statement may not be necessary if the attorney represents the
copyright claimant of record in the litigation and if he or she is the designated agent for
that claimant.
In all cases, the request for copies and the written authorization for that request should
be sent to the address specified in Section 2403, along with the appropriate fee. For
information concerning the copying fee, see Section 2407.6.
If the deposit consists of a phonorecord, RRCS will provide a proximate reproduction of
the sound recording or the underlying musical, dramatic, or literary work embodied in
the deposit, along with a photocopy of the title and the registration number (if any) that
appears on the phonorecord. Upon request, RRCS will provide a copy of any printed or
other visually perceptible material that appears in the deposit.
If the deposit consists of identifying material, RRCS will provide a copy that depicts or
reproduces the deposit with varying degrees of fidelity depending on the requesting
party’s needs, such as a photocopy of a photograph.
If the work was submitted in a digital format, RRCS will provide a copy of the work in
printed form or in digital form on a CD, DVD, or other storage medium.
See 37 C.F.R. § 201.2(d)(2)-(3).
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2407.1(E) Limitations on Inspections and Copying of Registration Records
2407.1(E)(1) In Process Files
It is the general policy of the U.S. Copyright Office to deny direct public access to in-
process files and to any work space or other areas where such files are kept.
2407.1(E)(2) Custody of Deposits
Once a claim has been registered or refused, the deposit copy(ies) or identifying
material may or may not be retained by the Office. As a general rule, if the work is
unpublished or if the applicant uploaded a digital copy or phonorecord of the work
through the electronic registration system, the Office will retain the deposit copy or
identifying material until the copyright expires. By contrast, the Office may or may not
retain the deposit for a published work, but will do so if the applicant requests full-term
retention. For a discussion of this procedure, see Section 2410.
If the applicant submits physical copies or phonorecords of a published work, the
deposit will be offered to the Library of Congress for its collections. If the Library does
not select the work for use in its collection, the deposit copies may be retained by the
Office, they may be offered to another agency, library, or nonprofit institution, or they
may be discarded.
As noted in Sections 2407.1(B)(2) and 2407.1(D)(2), the Office does not provide
inspection or copies of deposits that have not been retained by the Office, including
copies of works contained in the Library of Congress’s collections.
• To request copies of an audiovisual work or other multimedia work contained in the
Library’s collections, members of the public should contact the Library’s Motion
Picture, Broadcasting and Recorded Sound Division by sending an email to
mpref@loc.gov.
• To request copies of a sound recording contained in the Library’s collections,
members of the public should contact the Library’s Recorded Sound Reference
Center by sending an email to rsrc@loc.gov or by calling (202) 707-7833.
• For all other works contained in the Library’s collections, members of the public
should contact the Library’s Duplication Services by sending an email to
duplicationservices@loc.gov or by calling (202) 707-5640.
2407.2 Recordation Records
2407.2(A) Who May View, Inspect, or Obtain Copies of the U.S. Copyright Office’s
Recordation Records?
Online Records: Any member of the public may view or make copies of the recordation
records that are made available through the Office’s website.
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Records in the Public Records Reading Room: Certain recordation records may be viewed
or copied by any member of the public who presents a reader registration card,
including the records that are located in the Public Records Reading Room.
Pending Records: Records relating to pending documents may be inspected or copied
only by a party who executed a document that has been submitted for recordation or
that party’s duly authorized agent. The specific types of records that may be inspected
or copied are discussed in Section 2407.2(B)(2) below.
The specific procedures for requesting an inspection or copies of the Office’s public
records are discussed in Sections 2407.2(C) and 2407.2(D) below.
2407.2(B) Recordation Records That May Be Viewed, Inspected, or Copied
2407.2(B)(1) Recordations
Documents that have been recorded with the U.S. Copyright Office may be viewed or
copied by any member of the public, along with the certificate of recordation for each
document and the document cover sheet (if any). Likewise, any member of the public may
inspect or obtain a copy of any written communications between the remitter and the
Office concerning a recorded document or a document that has been refused by the Office.
2407.2(B)(2) Pending Recordations
Documents that have been submitted for recordation may be inspected or copied by one
of the persons who executed the document or an authorized representative of the
aforementioned persons. The aforementioned persons also may inspect or obtain copies
of any written communications between the remitter and the Office concerning a
pending document, including the document cover sheet (if any).
Members of the general public may obtain limited information concerning pending
documents using the computers located in the Public Records Reading Room. This
information may include (i) the title(s) of the work(s) listed in the document, (ii) the
name(s) of the parties who executed the document(s), and (iii) the date that the
document was received by the Office, though much of this information may be
incomplete.
N O T E : The computers in the Public Records Reading Room cannot be used to determine
whether a document has been recorded, and the fact that a document has been
submitted for recordation does not necessarily mean that a recordation has been made.
In the alternative, members of the public may ask RRCS to prepare a written report
concerning a pending document. The Office charges a fee for this service, which is
discussed in Section 2406.2(C) above.
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2407.2(C) How to Request an Inspection of the U.S. Copyright Office’s Recordation
Records
This Section discusses the procedure for requesting an inspection of the Office’s
recordation records. The specific persons who are authorized to inspect these records
are discussed in Sections 2407.2(A) through 2407.2(B)(2) above. In all cases, authorized
parties must present a reader registration card before they will be allowed to view or
inspect any public records maintained by the Office.
Documents that have been recorded with the U.S. Copyright Office may be viewed in the
Public Records Reading Room, including the certificate of recordation for each
document and the document cover sheet (if any).
To inspect a pending document that has been submitted for recordation or any written
communications concerning a recorded document or pending document, authorized
parties should submit a written request to RRCS containing the following information:
• The party’s name and contact information.
• The date on which the party would like to inspect the materials.
• The recordation number (if any).
• The case number that has been assigned to the document (if known).
The following information (if available) may also be useful:
• The title(s) of the work(s) listed in the document.
• The name(s) of the part(ies) who executed the document(s).
• The date the document was received by the Office.
• The name of the party who paid the filing fee and the date that the fee was paid.
The request should be sent to RRCS at the address specified in Section 2403, together with
the appropriate fee. For information concerning the inspection fee, see Section 2407.6.
2407.2(D) How to Request Copies of the U.S. Copyright Office’s Recordation Records
This Section discusses the procedure for obtaining copies of the Office’s recordation
records. The specific persons who may obtain copies of these records are discussed in
Sections 2407.2(A) through 2407.2(B)(2) above.
Documents that have been recorded with the Office may be copied in the Public Records
Reading Room, including the certificate of recordation for each document and the
document cover sheet (if any).
In the alternative, members of the public may submit a written request to RRCS
containing the following information:
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• The person’s name and contact information.
• The volume and page number for the recorded document.
• Whether the copies should be certified or uncertified.
To request copies of a pending document that has been submitted for recordation or any
written communications concerning a recorded document or a pending document,
authorized parties should submit a written request to RRCS containing the information
set forth above.
In all cases, the request should be sent to RRCS at the address specified in Section 2403,
together with the appropriate fee. For information concerning this fee, see Section 2407.6.
2407.2(E) Limitations on Inspections and Copying of Recordation Records
2407.2(E)(1) In Process Files
As discussed in Section 2407.1(E)(1), it is the general policy of the U.S. Copyright Office
to deny direct public access to in-process files and to any work space or other areas
where such files are kept.
2407.2(E)(2) Refused Recordations
The Office will retain a copy of any document that has been recorded with the Office and
any written communications concerning that document. The Office will not retain a copy
of a document if recordation has been refused, although it will retain a copy of any
written communications between the remitter and the Office concerning such
documents.
2407.3 Administrative Manuals
The U.S. Copyright Office maintains various administrative manuals that describe the
Office’s practices and procedures, including this Compendium of U.S. Copyright Office
Practices, Third Edition, as well as prior editions of the Compendium. These
administrative manuals are available for inspection and copying either on the Office’s
website or upon request.
2407.4 Notices of Intent to Enforce Restored Copyrights
The U.S. Copyright Office maintains a complete list of all notices of intent to enforce
restored copyrights that have been filed with the Office under the Uruguay Round
Agreements Act (“URAA”) and the North American Free Trade Agreement (“NAFTA”).
See 17 U.S.C. § 104A(e)(1)(B)(ii). These records may be viewed or copied from the
Office’s website or in the Public Information Office. For a definition and general
discussion of restored works, see Chapter 2000, Section 2007.
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2407.5 Designation of Agent Information
The Office maintains a directory of agents who have been designated to receive
notifications of alleged copyright infringement under Section 512(c) of the Copyright
Act. These records may be viewed or copied from the Office’s website. For additional
information concerning these records, see Chapter 2300, Section 2312.
2407.6 Inspection and Copying Fees
The current fees for obtaining copies of the Office’s public records are set forth in the
Office’s fee schedule under the heading “Copying of Copyright Office records by staff.”
Although the Office does not charge a fee for inspecting its records, requesting parties
are required to pay a fee for locating and retrieving the requested materials before the
materials will be made available for inspection.
The current fees for locating and retrieving copies of the Office’s public records for
inspection or copying are set forth in the Office’s fee schedule under the heading
“Retrievals and Copies.”
For information concerning the methods for paying these fees, see Chapter 1400,
Sections 1403.4 and 1403.5.
2408 Additional Certificates of Registration or Renewal
An additional certificate is a certified copy of an original certificate of registration or
renewal. Additional certificates are issued under the seal of the U.S. Copyright Office and
they have the same legal effect as the original copy of the certificate.
The form of an additional certificate varies depending upon the date of the original
registration.
• Certificates of Registration and Renewal Issued on or before December 31, 1977: An
additional certificate for a claim registered or renewed on or before December 31,
1977 consists of a photocopy of the original application together with a preprinted
certification statement containing the registration or renewal number and the date
of the certification. If the Office is unable to prepare a photocopy of the original
application, the additional certificate may be created by typing the title of the work,
the date of publication, the name of the copyright claimant, the registration or
renewal number, and the effective date of registration on a preprinted certification
form.
• Certificates of Registration or Renewal Issued on or after January 1, 1978: Generally,
an additional certificate for a claim registered or renewed on or after January 1,
1978, consists of either a photocopy of the original application or an electronically
generated document containing pertinent information from the original application.
For some registrations stored on microfilm, an additional certificate may consist of
an image from the microfilm attached to a cover sheet that contains the seal of the
Office, the signature of the Register of Copyrights, and a statement certifying the
facts contained in the image from the microfilm.
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In all cases, the signature of the Register of Copyrights and the official seal of the U.S.
Copyright Office will appear on the certificate along with a stamp that identifies the
document as an additional certificate.
N O T E : The Office will not issue an additional certificate for a registration that has been
cancelled.
2408.1 Who May Obtain an Additional Certificate of Registration or Renewal?
Any member of the public may ask RRCS staff to provide an additional certificate of
registration or renewal.
2408.2 How to Obtain an Additional Certificate of Registration or Renewal
To obtain an additional certificate of registration or renewal, the requesting party
should submit a written request to RRCS containing the following information:
• The party’s name and contact information.
• The registration number.
• The year or approximate year the registration was issued.
The request should be sent to RRCS at the address specified in Section 2403 together
with the appropriate fee. For information concerning this fee, see Section 2408.3 below.
2408.3 Fees for Additional Certificates of Registration or Renewal
The current fee for obtaining an additional certificate of registration or renewal is set
forth in the Office’s fee schedule under the heading “Provision of an additional
certificate of registration.”
For information concerning the methods for paying this fee, see Chapter 1400, Sections
1403.4 and 1403.5.
2409 Certification of U.S. Copyright Office Records
A certification is an official statement from the U.S. Copyright Office attesting to the
authenticity of the records and/or search reports specified in the certification. In most
cases, a certification consists of a copy of one or more of the Office’s records or the
relevant portions of those records, and a statement certifying that the record is a true
representation of what it purports to be.
Certifications are issued under the name of the Register of Copyrights. They bear the
official seal of the U.S. Copyright Office and the date that the certification was issued. For
an image of the current seal, see Chapter 100, Section 101.4.
The Office has changed the appearance of its seal over time. See Notice of New Copyright
Office Seal, 68 Fed. Reg. 71,171 (Dec. 22, 2003); New Copyright Office Seal, 42 Fed. Reg.
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64,747 (Dec. 28, 1977). A certification issued under a prior seal is valid, notwithstanding
the fact that the Office currently uses a different seal.
A record that lacks the official seal of the U.S. Copyright Office and/or the name of the
Register of Copyright is not validly certified. In particular, records bearing the seal of the
Library of Congress or any seal other than that used by the U.S. Copyright Office are not
validly certified records of the U.S. Copyright Office.
The specific types of records that may be certified by the Office are discussed in Section
2409.2 below.
See generally 17 U.S.C. § 701(c) (“The Register of Copyrights shall adopt a seal to be used
on and after January 1, 1978, to authenticate all certified documents issued by the
Copyright Office.”).
2409.1 Who May Obtain Certification of U.S. Copyright Office Records?
Any member of the public may ask RRCS staff to certify the records discussed in Sections
2409.2(A), 2409.2(B), 2409.2(E), 2409.2(G), or 2409.2(H).
Certain records may be certified upon request from any member of the public, including
recorded documents and certain types of registration records. By contrast, records
relating to pending applications or pending documents may be certified only upon
request from the claimant named in a pending application, the party who executed a
document that has been submitted for recordation, their duly authorized agents, or by
court order. The specific types of records that may be certified and the specific parties
who may request this service are discussed in Sections 2409.2(C) and 2409.2(F) below.
As discussed in Section 2407.1(A), the Office may provide a certified copy of the deposit
copy(ies) or identifying material for a pending application or a claim that has been
registered or refused by the Office to certain parties that satisfy the conditions set forth
in Section 2407.1(D)(2).
The procedure for requesting a certification is discussed in Section 2409.3 below.
2409.2 Records That May Be Certified
2409.2(A) Search Reports
RRCS will certify any search report that has been prepared by the U.S. Copyright Office.
For information concerning search reports prepared by RRCS staff, see Section 2406.2.
2409.2(B) Certificates of Registration
The original copy of a certificate of registration is a certified copy of that record, but a
photocopy or other reproduction of the original certificate is not considered a certified
copy.
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As discussed in Section 2408, the Office will issue an additional certificate of registration
to any member of the public upon request. An additional certificate of registration, like
the original certificate of registration, is considered a certified copy, but a photocopy or
other reproduction of an additional certificate is not.
Although a separate certification is not required for the original copy of a certificate
issued by the Office, RRCS will issue a so called “double certification” for these types of
records if requested to do so.
RRCS will issue a certified copy of a cancelled registration that has been cancelled by the
Office, although as discussed in Section 2408, it will not issue an additional certificate
for a registration that has been cancelled.
2409.2(C) Registration Records
RRCS will certify records related to claims that have been registered or refused by the
U.S. Copyright Office, including completed applications and any written communications
between the applicant and the Office.
Records related to pending applications may be certified, provided that the request is
submitted by the claimant named in the application or an authorized representative of
the copyright claimant. This includes the application and any written communications
between the applicant and the Office concerning the claim. It also includes any request
for reconsideration that is currently pending before the Office.
A certification for these types of records typically contains the following information:
• A photocopy of the record specified in the request.
• A certified statement that identifies the records.
• The signature of the Register of Copyrights.
• The official seal of the U.S. Copyright Office.
• The date of the certification.
2409.2(D) Deposits
As discussed in Sections 2407.1(A) and 2409.1, RRCS may provide a certified copy of the
deposit copy(ies) or identifying material for a pending application or a claim that has
been registered or refused by the Office to certain parties that satisfy the conditions set
forth in Section 2407.1(D)(2).
2409.2(D)(1) Deposit Copy(ies) and Identifying Material
A certification for the deposit copy(ies) or identifying material for a registered or
refused claim typically contains the following information:
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• A copy or phonorecord of the deposit or the portion of the deposit specified in the
request.
• A certified statement that identifies the title of the work and the registration
number (if any).
• The signature of the Register of Copyrights.
• The official seal of the U.S. Copyright Office.
• The date of the certification.
In some cases, the certification may also contain the following information:
• A copy of the page or surface bearing any visually perceptible copyright notice that
appears on the deposit.
• A copy of any page or surface bearing the registration number or the date that the
deposit was received by the Office.
2409.2(D)(2) Actual Deposits
The U.S. Copyright Office will certify and provide the actual deposit copy(ies) or
identifying material that was submitted for registration (as opposed to certifying a
reproduction of the deposit), provided that (i) the Office receives a valid order issued by
a court with jurisdiction over a case in which the work is at issue, (ii) the work is to be
submitted as evidence in the case, and (iii) the deposit has been under the Office’s
continuous control since the date that it was received. Actual deposits will be made
available upon the condition that they will be promptly returned to the custody of the
Office within a specified period of time.
When certifying an actual deposit, RRCS will prepare a certified statement confirming
that the content of the copy, phonorecord, or identifying material is the same as the
content of the copy, phonorecord, or identifying material used in support of the
registration.
2409.2(E) Certificates of Recordation
The original copy of a certificate of recordation is a certified copy of that record, but a
photocopy or other reproduction of the original certificate is not considered a certified
copy.
Although a separate certification is not required for the original copy of a certificate of
recordation issued by the Office, RRCS will issue a so called “double certification” for
these types of records if requested to do so.
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2409.2(F) Recorded Documents
RRCS will certify any document that has been recorded with the Office, as well as any
written communications between a remitter and the Office concerning a recorded
document or a document that has been refused by the Office.
Documents that have been submitted for recordation and any written communications
between the remitter and the Office concerning a pending document may be certified,
provided that the request is submitted by one of the persons who executed the
document or an authorized representative of the aforementioned persons.
A certification for a recorded document typically contains the following information:
• A photocopy of the document or other record specified in the request.
• A photocopy of the certificate of recordation (if any).
• A photocopy of the document cover sheet (if any).
• A certified statement concerning the volume and page number where the document
is recorded and the date of recordation (if any).
• The signature of the Register of Copyrights.
• The official seal of the U.S. Copyright Office.
• The date of the certification.
2409.2(G) Prints or Labels Deposited in the U.S. Patent and Trademark Office
Before July 1, 1940
Prior to July 1, 1940, the U.S. Patent and Trademark Office (“USPTO”) retained carbon
copies of each certificate of registration for prints or labels issued by the USPTO. Copies
of these records were transferred to the U.S. Copyright Office on July 1, 1940. An
additional certificate of registration for a print or label registered by USPTO before July
1, 1940, consists of the following:
• A photocopy of the index card from the Copyright Card Catalog;
• A carbon copy of the original certificate of registration issued by USPTO; and
• A certified statement that identifies the record.
2409.2(H) Other Records Maintained by the U.S. Copyright Office
RRCS will certify indexes of the Office’s records, blank application forms, information
circulars, administrative manuals (including this Compendium as well as out-of-date
publications), and all other public records maintained by the Office.
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2409.3 How to Request Certified Copies of U.S. Copyright Office Records
To obtain a certified copy of records maintained by the Office, the requesting party
should submit a written request to RRCS containing the following information:
• The party’s name and contact information.
• A clear identification of the records to be certified.
• A clear and specific request for certification.
The request should be sent to RRCS as the address specified in Section 2403 together
with the appropriate fee.
2409.4 Certification Fees
The requesting party must pay a separate certification fee for each record that is
certified by the U.S. Copyright Office. The current fee for certifying a search report or
other records is set forth in the Office’s fee schedule under the heading “Retrievals and
Copies.”
In addition, the requesting party will be required to pay a fee for locating, retrieving,
and copying the requested materials. For information concerning these fees, see
Section 2407.6.
For information concerning the methods for paying these fees, see Chapter 1400,
Sections 1403.4 and 1403.5.
2409.5 Limitations on Certification of U.S. Copyright Office Records
As noted in Sections 2407.1(B)(2) and 2407.1(D)(2), certain records may or may not be
retained by the Office once a claim has been registered or refused. As discussed in
Section 2405.3, the Office will not certify records that have not been retained by the
Office. In particular, the Office will not certify works contained in the Library of
Congress’s collections, except for deposit copies that are temporarily on exhibit at the
Library. For information concerning the procedure for obtaining copies of materials
maintained by the Library, see Section 2407.1(E)(2) above.
2410 Full-Term Retention of Deposits
As a general rule, the U.S. Copyright Office will retain the deposit copy(ies) or identifying
material for an unpublished work for the full term of the copyright.
The deposit for a published work may be retained under the control of the Office for the
longest period considered practicable and desirable by the Register of Copyrights and
the Librarian of Congress. At the end of this period, the work may be destroyed.
Upon request and payment of the appropriate fee, the Office will retain the deposit
copies for a published work for a period of seventy-five years from the date of
publication. This service is known as “full-term retention.”
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17 U.S.C. § 704(d)-(e).
2410.1 Who May Request Full-Term Retention?
Full-term retention may be requested by the applicant who submitted the initial
application or the copyright owner of record for the registered work. 37 C.F.R. §
202.23(a)(1).
2410.2 How to Request Full-Term Retention
To request full-term retention, the requesting party should submit a signed, written
request containing the following information:
• The name and contact information of the applicant or the copyright owner of record.
• A clear statement of request for full-term retention.
• The title of the work as it appeared in the application for registration or renewal.
• The date of publication for the work.
• The registration number (if the work has been registered).
The request should be sent to the following address, along with the appropriate fee:
U.S. Copyright Office
Attn: Director of the Office of Public Records and Repositories
101 Independence Avenue SE
Washington, DC 20559-6000
A request for full-term retention may be submitted with the application for registration
or renewal or at any time thereafter. If the request for full-term retention is submitted
together with the application for registration or renewal, the applicant should submit an
additional copy or phonorecord of the work, along with a cover letter that clearly
requests full-term retention.
If the request is approved, the Office will send a written communication to the
requesting party acknowledging payment of the fee and identifying the deposit for
which full-term retention has been granted.
The Office may grant a request for full-term retention, provided that the request is made
by an authorized party and provided that the Office has retained at least one copy, one
phonorecord, or one set of identifying material in its control when the request is
received. This includes deposits retained in a federal records center, but it does not
include deposits that have been transferred to the collections of the Library of Congress.
The Office may deny a request for full-term retention if the deposit has been selected by
the Library of Congress for its collections. Likewise, the Office may deny a request for
full-term retention (i) if the storage would place an unreasonable burden on the Office
due to the excessive size, fragility, or weight of the deposit, or (ii) if the retention would
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result in a health or safety hazard. The Office may nonetheless grant the request in such
cases if the requesting party pays for the cost of preparing acceptable identifying
materials in lieu of the actual deposit and provided that the payment is received within
sixty days after the date that the Office denied the initial request.
37 C.F.R. § 202.23.
2410.3 Full-Term Retention Fees
The current fee for full-term retention is set forth in the Office’s fee schedule under the
heading “Full-term retention of a published deposit.”
For information concerning the methods for paying this fee, see Chapter 1400, Sections
1403.4 and 1403.5.
2411 Expedited Service
Expedited service is a procedure for accelerating the time period for satisfying a request
for a search report, certified or uncertified copies of the U.S. Copyright Office’s records,
or other services provided by the Office. The Office charges an additional fee for
expedited service, as discussed in Section 2411.3 below.
2411.1 Who May Request Expedited Service?
Any member of the public may request expedited service.
2411.2 How to Request Expedited Service
A request for expedited service should be submitted in writing and should contain the
following information:
• A description of the service to be provided.
• A justification for expedited service, such as pending or prospective litigation,
customs matters, contract or publishing deadlines, or the like.
A request for expedited service should be submitted to RRCS using the contact
information specified in Section 2403 along with the appropriate fee.
RRCS may deny a request for expedited service if the request is not sufficiently justified
or if RRCS is unable to process the request due to limited staff resources. If there are
questions or issues that prevent RRCS from providing expedited service, it will notify
the requesting party promptly after the request is received.
2411.3 Fees for Expedited Service
The requesting party must pay an additional fee for expedited service, which will be
added to the fee for the primary service provided by the staff of RRCS. The additional fee
must be paid for each service for which expedited service is requested and granted.
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The current fee for an expedited search report and obtaining certified or uncertified
copies of the Office’s records on an expedited basis is set forth in the Office’s fee
schedule under the heading “Special services: Special handling fee for records retrieval,
search, and certification services (per hour, 1 hour minimum).”
For information concerning the methods for paying this fee, see Chapter 1400, Sections
1403.4 and 1403.5.
2412 Services Provided to Other U.S. Government Agencies
The United States government and any of its agencies, employees, or officers are
expected to pay all fees prescribed by the Copyright Act, although the Register of
Copyrights has the discretion to waive these fees in occasional or isolated cases
involving relatively small amounts. 17 U.S.C. § 708(c).
A request for a waiver of fees should be made in writing and should be submitted along
with the request for service.
2413 Denial of Service and Appeals
The U.S. Copyright Office may deny a request for service for one or more of the following
reasons:
• The requesting party is not authorized to inspect or obtain copies of the requested
record.
• The requested record is not subject to viewing, inspection, or copying.
• The Office has not retained the requested record.
• The request would place undue hardship on the Office.
If the Office determines that the service cannot be provided, it will notify the requesting
party in writing or by telephone and will explain the reasons for its decision.
If the Office declines to provide a requested service because the requesting party is not
authorized to view, inspect, or obtain copies of the requested record, the party may
submit an appeal to the Office of the General Counsel of the U.S. Copyright Office. For
information concerning this procedure, the requesting party should contact the Office of
the General Counsel.
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