Copyright Compendium

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Chapter 2400

2407.1 (D) (2) Deposits

 

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), 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:

 

‚àí The names of all the parties involved.

 

‚àí The nature of the controversy.

 

‚àí 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.

 

‚àí 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).