Copyright Compendium

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Chapter 2400

1703.1 Filing the Request

 

1703 First Request for Reconsideration 1703.1 Filing the Request

 

If the applicant disagrees with a refusal to register the entire work or a refusal to register a specific element of the work, the applicant may appeal that decision within the U.S. Copyright Office. This is an administrative procedure known as a first request for reconsideration.

 

A request for reconsideration must be in writing. The request should specify the reasons that the applicant believes that registration was improperly refused, including any legal arguments or supplementary information that support the applicant’s position. 37 C.F.R. § 202.5 (B) (1).

 

The applicant must provide the following information in the subject line on the first page of the request:

 

• A statement that the document is a “FIRST RECONSIDERATION.”

 

• The ten digit case number/service request number that the Office assigned to the claim and 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 and the title(s) of the work exactly as it appears in the application.

 

The pages of the first request should be numbered, including any attachments or exhibits thereto.

 

The applicant should send one copy of the request to the address specified in Section 1708.2, together with one copy of the reply sheet that was attached to the refusal to register, and the filing fee set forth in 37 C.F.R. § 201.3 (D) (4) (I).

 

The request and the filing fee must be postmarked or dispatched by a commercial carrier, courier, or messenger within three months of the date set forth in the refusal. See Sections 1708.1 and 1708.3.

 

See generally 37 C.F.R. § 202.5 (B) (1)- (3) (setting forth the procedure for submitting a first request for reconsideration).