1511.7 (C) Copies or Phonorecords Submitted in Response to a Demand Notice
As discussed in Section 1511, the Register of Copyrights may issue a written demand for copies or phonorecords of any work published in the United States that is subject to the mandatory deposit requirement. A demand may be made at any time after the work has been published. 17 U.S.C. § 407 (D).
If a copyright owner or owner of the exclusive right of publication receives a demand for mandatory deposit, that party should submit the required number of copies or phonorecords to the address specified in the demand notice within three months after the demand is received.
Alternatively, a copyright owner or owner of exclusive rights may respond by submitting the required copies or phonorecords together with an application to register the work and the appropriate filing fee.
• When completing an online application, the applicant should print one or more copies of the deposit copy shipping slip using the procedure discussed in Section 1508.2. The applicant should attach the demand notice and the shipping slips directly to the deposits, and should send all of these items in a single package to the address specified on the shipping slip.
• When completing a paper application, the applicant should attach the demand notice, the completed application, and the nonrefundable filing fee directly to the deposit, and should send all of these items to the following address:
Library of Congress
U.S. Copyright Office – ” CAD/AD 101 Independence Avenue SE Washington, DC 20559-6601
NOTE: In all cases, the demand notice should be placed on top of the items in the package so that it is visible when the package is opened.
If the copyright owner or owner of exclusive rights submits the copies or phonorecords to the address specified in the demand notice without submitting an application, the appropriate filing fee, and/or the shipping slips, the Office will assume that the deposit was submitted solely for the purpose of satisfying the mandatory deposit requirement. The Office will not connect the copies or phonorecords with a separately submitted application nor will the Office hold the copies or phonorecords pending the receipt of an application. See 37 C.F.R. § 202.19 (F) (1).
If the required deposit copies or phonorecords are not received in a timely manner, the party that received the demand notice may be subject to the following penalties:
• To pay a fine of not more than $250 for each work; and
• To pay the total retail price of the copies or phonorecords demanded into a specially designated fund in the Library of Congress, or if no retail price has been fixed, the reasonable cost to the Library of Congress of acquiring such copies or phonorecords; and
• To pay a fine of $2,500, in addition to any fine or liability imposed above, if the party willfully or repeatedly fails or refuses to comply with the demand.
17 U.S.C. § 407 (D).