201.15—Special handling of pending claims requiring expedited processing for purposes of litigation.

(a) Special Handling is the expedited processing of an application for registration of a claim to copyright or for the recordation of a document pertaining to copyright. It is granted in cases where a compelling need for the service exists due to pending or prospective litigation, customs matters, or contract or publishing deadlines that necessitate the expedited issuance of a certificate of registration.

(b) Fee. The fee for Special Handling is set forth at section 201.3(d) of this chapter.

(c) Waiver of fee. When no action (including communication from the Copyright Office) has been taken on an application for registration within six months after the time the application, fee and deposit were received by the Copyright Office, the applicant may request Special Handling of the application and request that the fee for Special Handling be waived. The fee may be waived only when the applicant satisfies the Copyright Office that the applicant is about to file suit for infringement of the copyright in a work that is the subject of the application.

(d) Form of request for Special Handling and for waiver of fee. A request for Special Handling and for a waiver of the Special Handling fee must be submitted in the form of an affidavit or declaration under penalty of perjury pursuant to 28 U.S.C. 1746, signed by either the applicant or an attorney acting on behalf of the applicant, which

(1) Provides the following information relating to the application for registration:

(i) The exact title of the work for which registration is sought, as reflected on the application;

(ii) The name(s) of the author(s) of the work, as reflected on the application;

(iii) The name(s) of claimants, as reflected on the application;

(iv) The date the application was submitted to the Copyright Office;

(v) The means (e.g., by hand delivery, by electronic submission, by first class mail, by Express Mail, or by registered or certified mail) by which the application was submitted to the Copyright Office; and

(vi) A description of the material deposited for registration, to assist in identifying the deposit;

(2) Includes a copy of the application that was submitted to the Copyright Office, or states that the applicant does not have access to a copy of the application;

(3) States that the applicant or a person acting with the authorization of the applicant is about to file suit for infringement of the copyright in a work that is the subject of the application;

(4) Identifies the defendant(s) and the court in which the suit will be filed; and

(5) Includes a copy of the complaint for copyright infringement that the applicant or a person acting with the authorization of the applicant intends to file in a United States District Court or the United States Court of Federal Claims. The copy of the complaint may omit allegations identifying the certificate of copyright registration, but must otherwise be complete.

(e) Submission of request for Special Handling and for waiver of fee. The materials identified in paragraph (d) of this section may be delivered to the Copyright Office by hand or by United States Postal Service Express Mail. Delivery by regular United States mail or overnight delivery services such as Federal Express and United Parcel Service cannot be accepted. The materials shall be delivered as follows:

(1) By hand. (i) If hand-delivered by a private party, the materials shall be placed in an envelope addressed to “Request for Waiver of Special Handling Fee, Office of the General Counsel, U.S. Copyright Office” and brought to the James Madison Building, Library of Congress, U.S. Copyright Office, Room 401, 101 Independence Avenue, SE, Washington, DC 20559, between 8:30 a.m. and 5 p.m. E.D.T.

(ii) If hand-delivered by a commercial courier, the materials shall be placed in an envelope or package, no larger than 12 inches by 18 inches by 4 inches, addressed to “Request for Waiver of Special Handling Fee, Office of the General Counsel, U.S. Copyright Office, LM 403, James Madison Building, Library of Congress, 101 Independence Avenue, SE, Washington, DC 20559” and delivered to the Congressional Courier Acceptance Site (“CCAS”), located at 2nd and D Streets, NE, Washington, DC between 8:30 a.m. and 4 p.m.

(2) By Express Mail. If sent by Express Mail, the materials should be placed in an envelope or package, no larger than 12 inches by 18 inches by 4 inches, addressed to “Request for Waiver of Special Handling Fee, Office of the General Counsel, U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024,” and deposited with the United States Postal Service.

Code of Federal Regulations

[74 FR 39902, Aug. 10, 2009]

Code of Federal Regulations

Effective Date Note: At 74 FR 39902, Aug. 10, 2009, § 201.15 was added, effective Aug. 10, 2009 through July 1, 2011. At 76 FR 38306, June 30, 2011, the effective date was extended through July 1, 2012.

CFR

201.15—Special handling of pending claims requiring expedited processing for purposes of litigation.

Code of Federal Regulations

Code of Federal Regulations