1508.8 (B) How to Request Special Relief
A request for special relief must be made in writing and must include the specific reason(s) why the request should be granted. The request should be addressed to the Associate Register of Copyrights and Director of Registration Policy & Practice and should be signed by or on behalf of the person who signed the application. 37 C.F.R § 202.20 (D) (3). The Associate Register will consider a request for special relief once the Office has received a completed application, the correct filing fee, and the deposit copy(ies).
When completing an online application, the applicant may submit a request for special relief in the Note to Copyright Office field. Alternatively, the applicant may submit the request along with the deposit copy by using the following procedures:
• When submitting the deposit through the electronic registration system, the applicant may upload the request and the deposit through the Electronic Deposit Upload screen, provided that the work is eligible for submission in an electronic format. See Section 1507.2. When using this option, the request should be prepared as a separate file and it should be uploaded before the deposit copy.
• When submitting the deposit by mail, commercial carrier, courier, or hand delivery, the request for special relief may be attached to the shipping slip.
When completing a paper application, the applicant may submit a request for special relief together with the application, the deposit, and the filing fee.
Once an application has been filed, the applicant may request special relief in response to an email or other written communication from a member of the Registration Program. Alternatively, the applicant may submit the request by mail to the following address:
Associate Register of Copyrights and Director of Registration Policy & Practice
U.S. Copyright Office
P.O. Box 70400
Washington, DC 20024-0400
If the request is granted and if the work is approved for registration, a member of the Registration Program will add an annotation to the certificate of registration indicating that the work was registered under a grant of special relief.
If the request is denied, a member of the Registration Program will notify the applicant in writing. If the relevant deposit requirements have not been met, the staff member may ask the applicant to submit a replacement deposit. The replacement deposit should be sent to the address specified in the communication from the Office, together with a written declaration confirming that the work contained in the replacement is identical to the work contained in the initial deposit, including the copyright notice (if any).
If the work is approved for registration and if the copyrightable content of the replacement deposit and the initial deposit is the same, the effective date of registration will be determined based on the date that the Office received the initial deposit, the completed application, and the correct filing fee. If the copyrightable content is not the same, the effective date of registration will be determined based on the date that the Office received the replacement deposit, the completed application, and the correct filing fee.
If the applicant is unable to submit an acceptable deposit, the Office may refuse to register the claim.