Copyright Compendium

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Chapter 2400

2407.1 (B) (3) Pending Applications

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.

37 C.F.R. § 201.2 (B) (3) (I), (B) (5), and (C) (1)- (2).

NOTE: 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.

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