Compendium of U.S. Copyright Practices, 3rd Edition

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605.7 File Closed Following a Failure to Respond to a Written Communication from the U.S. Copyright Office

605.7 File Closed Following a Failure to Respond to a Written Communication from the U.S. Copyright Office

When the U.S. Copyright Office communicates with an applicant in writing, the applicant must respond before the deadlines specified in Section 605.6, depending upon the nature of the communication. The Office may consider and grant a reasonable request for an extension of time if the request is received in writing prior to the original deadline.

As a general rule, the registration specialist will not follow-up with the applicant if the applicant fails to respond in a timely manner. And as a general rule, the specialist will close the file as a “no reply” if the Office does not receive a response to an email or other written communication within the time allowed.

If the applicant wishes to proceed with a claim after the file has been closed, the applicant must reapply for registration by submitting a new application, filing fee, and deposit copy(ies). The effective date of registration will be based on the date that the new submission is received by the Office.

When an applicant fails to respond to a written communication, the Office will not inform the applicant that the file has been closed. Likewise, the Office will not refund the filing fee and will not return the deposit copy(ies).

If the applicant uploaded an electronic copy or phonorecord of a work through the electronic registration system, the deposit copy(ies) will remain in the registration record. If the applicant submitted a physical copy or phonorecord of a published work, the Library of Congress may select the copy(ies) for its collections. If the Library does not select the work for use in its collection, the deposit copy(ies) may be offered to another agency, library, or nonprofit institution, or they may be retained by the Office for a scheduled period of time.

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