Copyright Compendium

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Chapter 2400

2410.2 How to Request Full-Term Retention

 

2410.2 How to Request Full-Term Retention

 

To request full-term retention, the requesting party should submit a signed, written request containing the following information:

 

• The name and contact information of the applicant or the copyright owner of record.

 

• A clear statement of request for full-term retention.

 

• The title of the work as it appeared in the application for registration or renewal.

 

• The date of publication for the work.

 

• The registration number (if the work has been registered).

 

The request should be sent to the following address, along with the appropriate fee:

 

U.S. Copyright Office

Attn: Director of the Office of Public Records and Repositories 101 Independence Avenue SE

Washington, DC 20559-6000

 

A request for full-term retention may be submitted with the application for registration or renewal or at any time thereafter. If the request for full-term retention is submitted together with the application for registration or renewal, the applicant should submit an additional copy or phonorecord of the work, along with a cover letter that clearly requests full-term retention.

 

If the request is approved, the Office will send a written communication to the requesting party acknowledging payment of the fee and identifying the deposit for which full-term retention has been granted.

 

The Office may grant a request for full-term retention, provided that the request is made by an authorized party and provided that the Office has retained at least one copy, one phonorecord, or one set of identifying material in its control when the request is received. This includes deposits retained in a federal records center, but it does not include deposits that have been transferred to the collections of the Library of Congress.

 

The Office may deny a request for full-term retention if the deposit has been selected by the Library of Congress for its collections. Likewise, the Office may deny a request for full-term retention (I) if the storage would place an unreasonable burden on the Office due to the excessive size, fragility, or weight of the deposit, or (ii) if the retention would result in a health or safety hazard. The Office may nonetheless grant the request in such cases if the requesting party pays for the cost of preparing acceptable identifying materials in lieu of the actual deposit and provided that the payment is received within sixty days after the date that the Office denied the initial request.

 

37 C.F.R. § 202.23.