CHAPTER 1900
RECORDS, INDEXES, AND DEPOSITS OF THE COPYRIGHT OFFICE;
INSPECTION, COPYING, ADDITIONAL CERTIFICATES,
AND OTHER CERTIFICATIONS
OUTLINE OF TOPICS
1901 Records of the Copyright Office; statutory provisions.
1902 Inspection of Copyright Office records and deposits in
general.
1902.01 Completed records.
1902.02 Pending applications, documents, and open
correspondence files.
1902.03 Official correspondence.
1902.04 Time and place of inspection.
1902.05 Records not open to public inspection.
1902.06 Requests by the public for information in the
in-process files.
1902.06(a) Requests not requiring payment of a fee.
Limited access to in-process files.
1902.06(b) Requests requiring payment of a fee.
1902.07 Administrative staff manuals.
1902.08 Materials not open for public inspection.
1903 Copying Copyright Office records, indexes,
correspondence, and deposits in general.
1903.01 Making copies.
1903.02 Requests for copies other than additional
certificates.
1903.03 Copies of records.
1903.04 Materials which may generally be copied.
1903.05 Materials which may generally not be copied.
1903.06 Administrative staff manuals.
[1998]
1904 Copies of deposits.
1904.01 Authorization to make copies of deposits.
1904.02 Nature of copies or phonorecords.
1905 Certificates of registration.
1905.01 Nature of the certificate.
1906 Additional certificates of registration. correspondence
file.
1906.01 Registration made on or after January 1, 1978.
1906.02 Registration made on or before December 31, 1977.
1906.03 Prints or labels registered in the Patent Office
before July 1, 1940.
1907 Certificate of recordation.
1907.01 Nature of the certificate of recordation.
1908 Certified CODV of a recorded document.
1908.01 Microfilm recordation.
1908.02 Preparation of copies of document.
1908.03 Certification of copies of recorded documents.
1909 Certification in general.
1909.01 Register's name on certification.
1909.02 Authentication of certified documents issued by the
Copyright Office.
1909.03 Omission of Register's name or Copyright Office
seal.
1909.04 Appeal from denial of certification.
1909.05 Undeliverable certifications.
1909.06 Who may authenticate documents.
[1998]
1909.07 Certifications.
1) Certification of original certificates of
registration, rejected applications, or
recordation of documents.
2) Certification of statements from the public
record.
3) Certification of a deposit in a format
different from the original.
4) Certification of other materials.
1909.08 Method of requesting certification.
1) Specific request for certification.
2) Full identification of material to be
certified.
1909.09 Preparation and handling of certifications in
general.
1909.10 Certified copies of official records.
1909.11 Certified copies of correspondence.
1909.12 Certified copies of search reports.
1909.13 Certification of copies of information circulars,
former circulars, and blank application forms.
1909.14 Certified copies of material deposited for
copyright or mask work registration.
1909.15 Jurisdictional requirement for certifying material
deposited for copyright.
1909.16 Form and content of certified copies of material
deposited for copyright or mask work registration
(other than phonorecords and Patent Office
deposits) .
1909.16(a) Copies of part or portions of a work.
1909.16(b) Copies of photographs and identifying
reproductions deposited for certain
three-dimensional works.
1910 Certification of actual deposit copy when required by
the court.
[1998]
1911 Fees in general.
1911.01 Statutory fees.
1911.02 Photoduplication Service and Motion picture,
Broadcasting, and Recorded Sound Division fees.
1911.03 Certification fees.
1912 Applicabilitv of fees to other U.S. Government agencies.
[END OF CHAPTER 1900]
[1998]
CHAPTER 1900
RECORDS, INDEXES, AND DEPOSITS OF THE COPYRIGHT OFFICE;
INSPECTION, COPYING, ADDITIONAL CERTIFICATES,
AND OTHER CERTIFICATIONS
1901 Records of the Copyright Office; statutory provisions.
The copyright code states that the Register of
Copyrights shall provide and keep records of all
deposits, registrations, recordations, and other
actions taken by the Copyright Office and shall prepare
indexes of all such records. See 17 U.S.C. 705. The
statute also provides the fee schedule for Office
services in connection with searches of the records,
and the certification of copies of records. See 17
U.S.C. 708.
1902 Inspection of Copyright Office records and deposits in
general. The public may inspect completed records and
indexes relating to a processed application for
registration--whether the claim was registered or
rejected--and may inspect copies, phonorecords, or
identifying material deposited in connection with such
applications. They may also inspect completed records
and indexes related to a recorded document. See 17
U.S.C. 705 and 37 C.F.R. 201.2 (b) (1) .
Persons who satisfy the criteria set out in the
regulations and in 1902.02 of this chapter may have
access to pending applications for registration, the
deposit material accompanying them, and documents that
have been submitted to the Office for recordation which
have not yet been recorded. See 37 C.F.R. 201.2(b) (4) .
Also see section 1902.02 below.
The public may also inspect the Office's authorization
file, which contains original copies of requests for
copies of deposits for reasons of pending or
prospective litigation, sworn statements of persons
requesting such copies; claimants' letters authorizing
deposits to be copied; and claimants' death
certificates supplied by the next of kin who request
copies of deposits. The file also contains complete
copies of the deposit requested or a brief description
of oversized copies, three dimensional works or
negatives or a copy of the tape cover and accompanying
materials for audio-visual deposits, copies of each
certification issued for a deposit, and copies of the
photo identifications of persons who have filed
requests, statements, authorizations or death
certificates. These documents are retained in the
authorization file for a period of 10 years from the
end of the calendar year in which they were filed.
Portions of this file are available for public
inspection and copying pursuant to section 1903.
[1998]
1900-2
1902 Inspection of Copyright Office records and deposits in
qenera1. (cont'd}
1902.01 Completed records. All completed records and
indexes relating to a registration or a rejection
or to a recorded document, and all articles
deposited in connection with completed
registrations or rejections and retained under the
control of the Copyright Office, are open to
public inspection. See 17 U.S.C. 705. Before
being permitted to inspect any deposit, however,
the requester must (1} show proper photo
identification, including a photograph and current
address, and (2} complete and sign a "Request for
Inspection of Copyright Deposit" (Form C-8},
indicating agreement not to copy or deface the
material to be inspected. Requesters who need to
make limited notes about the deposit copy during
the inspection may do so only on the form provided
for that purpose by the Certifications and
Documents staff. The staff will review all notes
before requesters leave the inspection area.
1902.02 Pending applications. documents. and open
correspondence files. Access will be afforded to
pending applications for registration, the deposit
material accompanying them, and pending documents
for recordation and to open correspondence files
on such materials in the following instances:
1. In the case of applications for registration,
the deposits accompanying them and
correspondence files, access will be afforded
upon the request of the copyright claimant or
an authorized representative. In exceptional
circumstances, the Register may allow
inspection of pending applications and open
correspondence files by someone other than
the copyright claimant or the claimant's
representative upon receipt of a written
request which is deemed by the Register to
show good cause for such access and
establishes that the person making the
request is properly and directly concerned.
The written request for such access should be
addressed to the General Counsel, Copyright
GC/I&R, P.O. Box 70400, Southwest Station,
Washington, D.C. 20024 or faxed to the
General Counsel at 202-707-8366.
2. Access to documents will be afforded upon the
request of one of the persons who executed
the document or an authorized representative
of that person.
[1998]
1900-3
1902 Inspection of Copyright Office records and deposits in
general. (cont'd)
1902.03 Official correspondence. Official correspondence,
including preliminary applications between
copyright claimants or their agents and the
Copyright Office, that relate directly to a
completed registration, a recorded document, a
rejected application for registration, or a
document for which recordation was refused, may be
inspected by the public. NOTE: That portion of
official correspondence that is directly related
to rejected applications for registration or
documents for which recordation was refused and
which once represented a closed case is open for
public inspection and copying. This is true even
though the once-closed case may have been later
re-opened by some subsequent action on the part of
the copyright claimant, an authorized agent
thereof, or by the Copyright Office.
1902.04 Time and place of inspection. All of the
materials open for inspection may be inspected
during the operating hours of the Copyright
Office, 8:30 a.m. to 5:00 p.m., Monday through
Friday, except legal holidays, in the
Certifications and Documents Section of the
Information and Reference Division. Some of these
materials are not stored on the premises of the
Copyright Office and access to them cannot be
assured unless arrangements are made in advance
with the Certifications and Documents Section.
Where authorized, inspection of pending
applications and documents will be permitted in
the Certification and Documents Section.
1902.05 Records not open to public inspection. The
general policy of the Copyright Office is to
prohibit access to in-process files and to any
areas where they are kept. Access to certain
information contained in Copyright Office
in-process files may be allowed under conditions
specified in section 1902.06(b) below. See 37
C.F.R. 201.2(b) (2) .In-process files are those
which the Copyright Office prepares for its own
internal use in connection with pending
applications for registration or for the
recordation of documents and which are preliminary
to the completion of the public record. These
files include the Receipt-In-Process Records,
Exception Tracking System Records, accounting
files, open unfinished business files, and other
files of a similar nature. Certain information
contained in Copyright Office in-process files may
[1998]
1900-4
1902 Inspection of Copyright Office records and deposits in
qenera1. (cont'd)
1902.05 Records not open to public inspection. (cont'd)
be obtained by anyone upon request. See section
1902.06 below. In no case, however, will access
be permitted to any financial or accounting
records without the prior approval of the Register
or the General Counsel.
1902.06 Requests by the public for information in the
in-process files.
1902.06(a) Requests not requiring payment of a fee.
Limited access to in-process files. Public
access to a limited amount of information
contained in the Copyright Office's
in-process files is permitted on a computer
terminal designated for that purpose in the
Records Maintenance Unit of the Information
and Reference Division. The in-process file
may be accessed between 8:30 a.m. and 5:00
p.m., Monday through Friday, excepting legal
holidays, upon payment of the applicable
fees. The following information is
available:
1) the title(s) of the work(s), including,
in the case of serials, volume number,
date of issue, and issue number. NOTE:
Only the first title listed in an
application or document is included;
2) the date(s) of receipt of the
application or document;
3) the class of an application for
registration;
4) the number of deposit copies, sets of
identifying material, or phonorecords
received;
5) the name of the remitter; and
6) the name of the claimant, if different
from the name of the remitter.
1902.06(b) Requests requiring payment of a fee. Certain
information contained in the Copyright Office
in-process files may be obtained by anyone
upon request and the payment of applicable
fees to the Certifications and Documents
[1998]
1900-5
1902 Inspection of Copyright Office records and deposits in
general. (cont'd)
1902.06 Requests by the public for information in the
in-process files. (cont'd)
1902.06(b) Requests requiring Payment of a fee.
(cont'd)
Section, Information and Reference Division.
The following information will be supplied in
response to each such request:
1) the date(s) of receipt of: (i) the
application(s) for registration that may
have been submitted and is (are) being
processed; (ii) the document(s) that may
have been submitted for recordation and
is (are) being processed; and (iii) the
copy (copies) or phonorecord(s) that may
have been deposited;
2) the title(s) of the work(s), including
(if a serial) the date of issue, volume
number, and issue number;
3) the name of the remitter;
4) the description or classification, if an
application for registration;
5) the number of copies or phonorecords
deposited; and
6) the name of the claimant, if different
from the name of the remitter.
7) the registration status of the claim.
8) the registration number, if any.
1902.07 Administrative staff manuals. Administrative
staff manuals, referred to as "Compendium of
Office Practices I" and "Compendium of Office
Practices II," are prepared for the general
guidance of the Copyright Office staff in making
registration and recording documents, and for the
public who avails itself of the registration and
recordation systems. These manuals are available
for public inspection in the Certifications and
Documents Section from 8:30 a.m. to 5:00 p.m.,
Monday through Friday, except legal holidays. See
37 C.F.R. 201.2(b) (7) .See also section 1903.06.
[1998]
1900-6
1902 Inspection of Copyright Office records and deposits in
general. (cont'd)
1902.08 Materials not open for public inspection. As a
general rule and subject to requirements of the
Freedom of Information Act and the Privacy Act,
the Office will not permit public inspection of
notes, internal memoranda, information relating to
facts concerning personal privacy or financial
information, trade secrets, or internal matters of
a relatively trivial nature. Similarly, material
relating to internal matters of personnel and
procedures, Office administration, security
matters or internal considerations of policy,
including the work product of an attorney, are not
open to public inspection.
1903 Copying Copyright Office records. indexes.
correspondence. and deposits in general. Copies may be
made of any public records or indexes of the Copyright
Office, including the Office's file of litigation
statements and other documents, known as (the
"authorization file") .See section 1904.01(2); see 17
U.S.C. 706(a) .Copies of applications may be made by
the requester or may be furnished by the Copyright
Office upon payment of the duplication fees. Copies
may be made of official correspondence, including
preliminary applications between copyright claimants or
their agents and the Office, and directly relating to a
completed registration, a recorded document, a rejected
application for registration, or a document for which
recordation was refused. Requests for copies of
correspondence should include the information specified
in the Copyright Office regulations. See 37 C.F.R.
201.2(c) and (d) .See also section 1903.02 below for
requirements. Copies or reproductions of materials
deposited for registration and retained under the
control of the Copyright Office will be furnished under
the conditions specified below. The copyright owner or
anyone providing a litigation statement may use a
camera or other small copying device to copy a deposit
if the copy is made in the Certifications and Documents
Section under the supervision of Copyright Office
personnel and if no electrical power, special lights,
or other equipment is required. However, only copies
made by the Copyright Office will be certified by the
Office. See 17 U.S.C. 706(b) and 37 C.F.R. 201.2(d) .
See also sections 1904 and 1906 below.
1903.01 Making copies. If the requested copies can be
made routinely on the photocopying equipment
available in the Certifications and Documents
Section, the copies will be prepared by Copyright
Office staff. If the amount of material to be
[1998]
1900-7
1903 Copying Copyright Office records, indexes,
correspondence, and deposits in general. (cont'd)
1903.01 Making copies. (cont'd)
reproduced or its complexity makes duplication by
the Certifications and Documents staff
impracticable, the copies will be made by the
Photoduplication Service of the Library of
Congress or the Motion picture, Broadcasting and
Recorded Sound Division. The current duplication
fees will be charged. See section 1911 below.
1903.02 Requests for copies other than additional
certificates. Requests for copies of records,
indexes, material from the authorization file,
correspondence, and deposits should be made to the
Certifications and Documents Section. Fees are
charged for making copies, for any searches
required to find the material, and for
certification. Failure to provide a registration
number and year date, or volume and document
number for a recorded document, may result in a
search charge to find the material. To minimize
search fees and expedite copying, the request for
copies should include the following information
when available:
1) A clear identification of the type of records
or deposits to be copied (for example copies
of deposits, correspondence, catalog entries,
etc. ) .
2) A specification of whether the copies are to
be certified or uncertified.
3) A clear identification of the specific
records to be copied including, where
possible, the type of work involved (for
example a novel, song lyrics, technical
drawing), the registration number, if any,
the year date or approximate year date of
registration or submission to the Office, the
complete title of the work, the author(s)
including any pseudonym, the claimant(s), and
if the requested copy is of an assignment,
license, contract, or other recorded
document, the volume and page number of the
recorded document.
4) The telephone number and address of the
requester.
See 37 C.F.R. 201.2(d) .
[1998]
1900-8
1903 Copying of Copyright Office records. indexes.
correspondence. and deposits in general. (cont'd)
1903.03 Copies of records. The Copyright Office will
furnish a copy of any official record upon request
and payment of the duplication fee. Official
records include completed records of
registrations, rejections, or recorded documents;
indexes; litigation statements; and catalog
entries relating to a registration or a recorded
document.
1903.04 Materials which may generally be copied. The
Copyright Office will furnish a copy of official
correspondence, including preliminary
applications, between copyright and mask work
claimants or their agents and the Office, that
directly relate to a completed registration
(however, see section 1903 above), a recorded
document, a rejected application for registration
or a document for which recordation was refused.
See 37 C.F.R. 201.2(c) (1) .
1903.05 Materials which may generally not be copied. The
Copyright Office will not make copies available o
correspondence, application forms, and any
accompanying material (including deposit material
forming part of a pending application. As a
general rule and subject to requirements of the
Freedom of Information Act and the Privacy Act,
the Office will not furnish copies of notes,
internal memoranda, information relating to facts
concerning personal privacy or financial
information, trade secret or internal matters of
relatively trivial nature. Similarly, no copies
will be furnished of material relating to internal
matters of personnel and procedures, Office
administration, security matters, or internal
consideration of policy and decisional matters,
including the work product of office attorneys.
1903.06 Administrative staff manuals. Copies of
Compendium I (1973) are available for purchase
from the National Technical Information Service
and copies of Compendium II (1984) may be
purchased from the Government Printing Office. A
Compendium II is updated, changes will be
available on-line at www.loc.gov/copyright. In
addition, requests for photocopies of the
administrative staff manuals referred to as
"Compendium of Copyright Office Practices I" and
"Compendium of Copyright Office Practices II" may
be submitted to the Certifications and Documents
Section of the Copyright Office during regular
[1998]
1900-9
1903 Copying of Copyright Office records. indexes.
correspondence. and deposits in general. (cont'd)
1903.06 Administrative staff manuals. (cont'd)
work hours, 8:30 a.m. to 5:00 p.m., Monday through
Friday, except legal holidays. A fee will be
charged for this service.
1904 Copies of deposits. Requests for copies or
phonorecords of deposited articles retained under the
continuous control of the Copyright Office should be
made to the Certifications and Documents Section.
Requests for copies of deposits that have been
transferred to the Library of Congress should be made
to the Photoduplication Service or to the custodial
division of the Library that has the copy in its
collection.
1904.01 Authorization to make copies of deposits.
Reproductions of the copies, phonorecords, or
identifying material deposited in connection with
a copyright or mask work registration or a refusal
to register a published or unpublished work, and
held in the custody of the Copyright Office will
be provided only when one of the following three
conditions have been met:
1) The Copyright Office receives written
authorization from the copyright or mask work
claimant of record or his or her designated
agent, or from the owner of any of the
exclusive rights in the copyright or mask
work whose ownership is demonstrated by
written documentation of the transfer of
ownership. If the requester appears in
person and alleges to be entitled to a
reproduction of the deposit material on one
of the foregoing bases, identification
consisting of a photo I.D. and a current
address is required along with the above-
mentioned written authorization. A copy of
the photo identification will be retained in
the authorization file. If the request is
made by telephone, the Office will ask for a
written request.
2) The Copyright Office receives a completed
Copyright Office litigation statement form
from an attorney on behalf of either the
plaintiff or defendant in connection with
litigation, actual or prospective, involving
the copyrighted work or mask work. The
following information must be included on the
completed form: (i) the names of all the
[1998]
1900-10
1904 Copies of deposits. (cont'd)
1904.01 Authorization to make copies of deposits.
(cont'd)
parties involved and the nature of the
controversy; and (ii) the name of the court
in which the actual case is pending or, in
the case of a prospective proceeding, a full
statement of the facts of the controversy in
which the work is involved; and (iii) a sworn
statement from the requester that the
reproduction is to be used in connection with
the specified litigation. In addition, the
Office will ask for photo identification from
any person filing a litigation statement, a
copy of that identification will be made part
of the file. The name of any authorized
person receiving deposit copies will be
retained in the authorization file.
3) The Copyright Office receives a court order
for a reproduction of the deposit copies,
phonorecords, or identifying material of a
work which is the subject of litigation. The
order must be issued by a court having
jurisdiction over the case in which the
reproduction is to be submitted as evidence.
1904.02 Nature of copies or phonorecords. Upon
authorization and receipt of the duplication fee,
the Copyright Office will supply a photocopy of
copies, phonorecords, or identifying material
deposited as part of a copyright or mask work
registration. When a request is made for a
reproduction of a work, such as a sound recording
embodied on an audiotape or cassette, or a work
embodied on a floppy disk, a CD-ROM or other
format in which either a sound recording or the
underlying musical, dramatic, or literary work is
embodied, the Copyright Office will provide a
reproduction when possible. The Office reserves
the right to substitute a monaural reproduction
for a stereo, quadraphonic, or any other fixation
accepted for deposit. The Office will provide the
title and the registration number of the work
along with the date of any registration that has
been made. In response to a specific request, the
Office will provide reproductions of any printed
or other visually perceptible material published
with a phonorecord. For other deposit materials,
the Office will supply uncertified copies that
depict or reproduce the deposit with varying
degrees of fidelity depending on the needs of the
requester. For example: a photocopy of a
[1998]
1900-11
1904 Copies of deposits. (cont'd)
1904.02 Nature of copies or phonorecords. (cont'd)
photograph can be supplied if such a reproduction
is suited to the requester's needs. For the
nature of certified copies, see section 1909
below.
1905 Certificates of registration. After the Register of
Copyrights determines that the material deposited for
registration constitutes copyrightable or mask work
subject matter, and that the other legal and formal
requirements of the law have been met, the Register
will register the claim and issue to the applicant a
certificate of registration under the seal of the
Copyright Office. The certificate will contain the
information given in the application, together with the
number and effective date of the registration. See 17
U.S.C. sections 410(a), 908(e) .A certificate of
renewal registration will be issued for works first
published or registered before January 1, 1978, upon
compliance with the renewal provisions of the copyright
code. See 17 U.S.C. 304(a) .Certificates returned to
the Copyright Office as undeliverable will be mailed a
second time unless they were undeliverable because the
addressee moved and left no forwarding address.
Certificates returned a second time are destroyed after
updating the Office's records to show the status of the
mailing was "undeliverable."
1905.01 Nature of the certificate. The certificate of
registration or certificate of renewal is a
digital image of the application made on a form
containing the signature of the Register of
Copyrights and the seal of the Copyright Office.
1906 Additional certificates of registration. Additional
certificates of an original or renewal registration
will be issued to anyone upon request and payment of
the fee. See 17 U.S.C. 706(a) .Additional
certificates are certified copies of the record of
registration and have the same legal effect as the
original certificate. Certified copies of additional
certificates may also be requested from the
Certifications and Documents Section upon payment of
the appropriate fee. The manner in which additional
certificates are prepared may vary, depending upon the
date of the original registration. Additional
certificates are prepared by the Certifications and
Documents Section of the Information and Reference
Division. The Copyright Office will not issue
additional certificates of cancelled registrations. It
will, however, certify a copy of the cancelled
registration in the same manner as it certifies any
[1998]
1900-12
~
1906 Additional certificates of registration. (cont'd)
.other public record. See sections 1903.03(a) above and
1909.06 below. The Office will certify copies of
applications refused registration as part of the
correspondence file.
1906.01 Registration made on or after January 1, 1978.
Additional certificates for registrations made on
or after January 1, 1978, are duplicate
facsimiles. These may be made from original
applications, from a microfilm copy or from
another imaged copy. The additional certificate
contains the signature of the current Register of
Copyrights together with the seal of the Copyright
Office. Each such additional certificate is
stamped to identify it as an additional
certificate.
1906.02 Registration made on or before December 31, 1977.
Additional certificates for registrations made on
or before December 31, 1977, consist of a
photocopy of the application that was used to make
the original registration with a pre-printed
certification statement attached. The
registration number, date of certification, and
the signature of the current Register of
.Copyrights are added to the certification
statement form, which is issued under the seal of
the Copyright Office. In cases where a photocopy
of the application cannot be used to produce an
additional certificate of registration, an
additional certificate may be made by typing the
name of the claimant, title, date of publication,
date of receipt of copy(s), and the registration
number on a pre-printed certification form. The
name of the Register of Copyrights is then added
to the form together with the seal of the
Copyright Office.
1906.03 Prints or labels registered in the Patent Office
before July 1, 1940. The Patent Office retained
carbon copies of each certificate issued by that
Office. Copies of the Patent Office records were
transferred to the Copyright Office on July 1,
1940. An additional certificate of copyright
registration for a print or label registered in
the Patent Office before July 1, 1940, consists of
a photocopy of the carbon copy of the original
certificate of registration together with the
Copyright Office's certification of the photocopy.
1907 Certificate of recordation. Upon receipt of any
.transfer of ownership or other document pertaining to a
copyright or mask work, which meets the requirements of
[1998]
1900-13
1907 Certificate of recordation. (cont'd)
the law (see 17 U.S.C. 205(a)), the Copyright Office
will record the document and return it with a
certificate of recordation. See 17 U.S.C. 205(b) .
1907.01 Nature of the certificate of recordation. The
document submitted for recordation is returned to
the sender with an attached certificate of
recordation after a preservation copy has been
made for Copyright Office records. The
certificate consists of a form containing the
signature of the Register of Copyrights, the date
of recordation, and the volume and document number
of the recorded document. The certificate also
bears the seal of the Copyright Office.
1908 Certified COPY of a recorded document. A certification
of recordation may be issued to anyone upon request and
payment of the fee(s) .See 17 U.S.C. 706(a) .The
certification consists of a copy of the document, or
relevant portions thereof, and an attached
certification form.
1908.01 Microfilm recordation. Some documents originally
recorded in the Copyright Office on microfilm
(generally before 1982) also include a microfilm
copy of the original certificate of recordation.
In such cases, the original certificate of
recordation is reproduced along with the document
and is included in the certified copy.
1908.02 Preparation of copies of document. Copies of most
documents are prepared by the Certifications and
Documents Section of the Information and Reference
Division. A fee for making the copy will be
charged. See section 1911 below. Some copies of
documents must be prepared by the Photoduplication
Service, which charges its current fees for the
service.
1908.03 Certification of copies of recorded documents.
Copies of recorded documents are certified by the
Certifications and Documents Section of the
Information and Reference Division. Certified
copies of recorded documents are furnished by
providing a photocopy of the document printed on
paper, including a photocopy of the original
certificate of recordation, if it is on record.
See sections 1908.01 and 1908.02 above. The copy
of the document is attached to a certification
form on which is included the volume and document
number where the document is recorded, the date of
certification, and the date of recordation. The
signature of the Register of Copyrights and the
[1998]
1900-14
~
1908 Certified CODY of a recorded document. (cont'd) ..
1908.03 Certification of copies of recorded documents.
(cont'd)
seal of the Copyright Office are included on the
certificate. A fee for making the copy will be
charged at the rate established by the
Photoduplication Service.
1909 Certification in general. Certification is an official
written representation of the Copyright Office
attesting to one or more facts and bearing the seal of
that Office and issued under the name and title of the
Register of Copyrights. The Office will certify only
an authorized work product produced by the Office or
official Office records.
1909.01 Register’s name on certification. The name of the
current Register of Copyrights will be used
regardless of his or her temporary absence from
the Office for reasons such as travel, illness,
etc. Only during a change in terms, when an
Acting Register has been appointed by the
Librarian of Congress, will the name of an Acting
Register be used.
1909.02 Authentication of certified documents issued by.
the Copyright Office. The Copyright Office has
adopted an official seal to authenticate its
certified documents. See 17 U.S.C. 701(b) .The
appearance of the seal has varied during different
periods of time; however, the certification
remains valid if it was correctly sealed at the
time it was made. Use of the Library of Congress
seal or any other non-official Copyright Office
seal does not result in a valid certification.
1909.03 Omission of Register’s name or Copyright Office
seal. A document lacking either the Register's
name or the Copyright Office seal is not validly
certified.
1909.04 Appeal from denial of certification. Denial of a
request for certification may be appealed in the
following order: (1) Head, Certifications and
Documents Section, (2) Chief of the Information
and Reference Division, and (3) Register of
Copyrights, who may delegate the responsibility to
the General Counselor the Assistant General
Counsel.
1909.05 Undeliverable certifications. Certifications,
.including additional certificates of registration,
returned to the Copyright Office as undeliverable,
[1998]
1900-15
1909 Certification in general. (cont'd)
1909.05 Undeliverable certifications. (cont'd)
are generally remailed one time. If returned
again, the certification is destroyed after the
CIS image status has been updated to show that the
mailing was "undeliverable," in accordance with
retention policies established by the Register of
Copyrights for those files.
1909.06 Who may authenticate documents. Documents may be
authenticated by the person or persons to whom
that authority has been delegated by the Register
of Copyrights. Documents will generally be
authenticated by the Head of the Certifications
and Documents Section or in his/her absence by the
Assistant Chief or Chief of the Information and
Reference Division. For original certificates of
registration or certificates of recordation of
documents see sections 1905.01 and 1907.01 above.
1909.07 Certifications. Certifications are made in four
different formats depending on the nature of the
material being certified.
1) Certification of original certificates of
registration. rejected applications. or
recordation of documents. For the form of
certification of original certificates of
registration see section 1905.01 above. For
the form of certification for original
certificates of recordation of documents see
section 1907.01 above.
2) Certification of statements from the public
record. A standard certification attests to
one or more facts from the public record
about a document or deposit. It bears the
name and title of the Register of Copyrights
and is signed by the head of the Office's
Certification and Documents Section, or an
authorized designee.
3) Certification of a deposit in a format
different from the original. A special
certification is required when the
reproduction is not exact, e.g. a cassette
tape is made from a phonorecord, a photograph
is made of a three-dimensional object, a copy
is reduced in size from the original deposit,
or a copy is made of only part of a larger
work (preface only of a book or five pages of
a twenty-page document) .Such a certificate
is issued under the name and title of the
[1998]
1900-16
---
1909 Certification in general. (cont'd) .
1909.07 Certifications. (cont'd)
Register of Copyrights, and is signed by the
head of the Certification and Documents
Section or an authorized designee.
4) Certification of other materials.
Specifically drawn certifications of other
materials, including apostilles,
exemplifications, and declarations will be
issued by the Office upon payment of a fee.
An apostille is an attachment to a
certification form required by some foreign
courts pursuant to the Hague Convention of
October 5, 1961. An apostille certifies,
under the seal and signature of the current
Register of Copyrights, that an attached
public document has been signed by the head
of the Copyright Office's Certifications and
Documents Section.
1909.08 Method of requesting certification.
Certifications, including certification of
additional certificates of registration, are made
by the Certifications and Documents Section of
.the Information and Reference Division, and all
requests for certification should be addressed to
that Section. The request should include the
following:
1) Specific request for certification. The
request should clearly indicate whether the
copies are to be certified. Where the
request is unclear whether the copies are to
be certified or not, the Copyright Office
will ask for further instructions.
2) Full identification of material to be
certified. The request should fully identify
the material to be certified. See section
1903.02 above. Failure to identify
adequately the material may necessitate an
inquiry by the Office for further information
or may result in a search fee to locate the
material.
1909.09 Preparation and handling of certifications in
general. All Copyright Office certifications must
be prepared under the direction and control of the
Copyright Office. See section 1903 above. When
.preparing copies for Office certification, the
Photoduplication Service or Motion Picture,
Broadcasting and Recorded Sound Division acts at
[1998]
1900-17
1909 Certification in general. (cont'd)
1909.09 Preparation and handling of certifications in
general. (cont'd)
the direction of the Copyright Office. When
material is submitted to those offices for
copying, the Copyright Office will observe the
following procedures:
1) Furnish the materials to be copied, identify
the exact material to be copied, and specify
the copying process to be used; and,
2) Indicate that the material is being prepared
for certification and that it should be
returned to the Copyright Office for that
purpose.
1909.10 Certified copies of official records. Upon
payment of the certification and duplication fees,
certified copies of official records of the
Copyright Office may be furnished. Examples of
official records include: entries in the
registration record books, numbered applications,
indexes to registration and recorded transfers and
other documents pertaining to a copyright or mask
work. The certified copies furnished by the
Office will be accompanied by the appropriate
certification form. See section 1909.07 above.
1909.11 Certified copies of correspondence. Upon payment
of the certification and duplication fees, the
Copyright Office will certify copies of any
correspondence which is permitted to be copied.
See section 1903.04 above. Every certification
covering correspondence must be specially drawn.
If the various pieces of correspondence all relate
to the same registration, or group of related
registrations, they may all be included in one
certification, but each item must be separately
identified in the certification.
1909.12 Certified copies of search reports. Search
reports prepared by the Copyright Office will be
certified on letterhead stationery available for
that purpose. The search report is certified
under the seal of the Register of Copyrights and
is usually signed also by the Head of the
Reference and Bibliography Section or in his or
her absence it may be signed by the Assistant
Chief or Chief of the Information and Reference
Division.
[1998]
1900-18
---
1909 Certification in general. (cont'd) .
1909.13 Certification of copies of information circulars,
former circulars, and blank application forms.
The Copyright Office will certify copies of
information circulars and blank application forms
currently or formerly issued as official
publications of the Office. Certifications are
made by the Certifications and Documents Section,
under the seal of the Register of Copyrights and
signed by the Head of the Certifications and
Documents Section or in his or her absence by the
Assistant Chief or Chief of the Information and
Reference Division.
1909.14 Certified copies of material deposited for
copyright or mask work registration. When the
Copyright Office has retained continuous control
of deposits (see section 1904 above) and it is
authorized to make copies {see section 1904.01
above), certified copies or phonorecords may be
furnished of materials deposited for copyright or
mask work registration, {whether registration is
made or refused), upon receipt of the
certification and duplication fees. The Office
will not certify copies found in the collections
.of the Library of Congress. Only the Library of
Congress can make such certifications.
NOTE: The practice of the Copyright Office
regarding the retention under its control of
materials deposited for copyright has varied at
different times. Therefore, not all materials
deposited for copyright registration are available
for copying or certification.
1909.15 Jurisdictional requirement for certifying material
deposited for copyright. The Copyright Office
will certify a copy of material deposited in
connection with a claim to copyright or a mask
work only if such material has remained
continuously under the control of the Copyright
Office. Copies of such materials made part of the
Library of Congress' collections will only be
certified by the Photoduplication Service or the
Motion Picture, Broadcast, and Recorded Sound
Division. When such deposit materials are loaned
for exhibit purposes to the Library of Congress
Exhibits Office, the Copyright Office asks that
these items be returned, and the Office insists
that they not be altered in any way and that they
..not be available for public handling. In these
cases the material is considered to have remained
under the control of the Office and therefore can
[1998]
1900-19
1909 Certification in general. (cont'd)
1909.15 Jurisdictional requirement for certifying material
deposited for copyright. (cont'd)
be certified while it is on exhibit and after it
is returned to the Office. The Office will not
certify any other material returned to it from the
Library of Congress.
The Copyright Office will not certify any material
added to a deposit after registration has been
completed, except where the additional material is
added as an addendum to the original registration.
The Copyright Office will certify only those
copies which have been made by it or at its
request. It will not certify copies of deposit
material made by copyright or mask work owners or
litigants, even if those copies are made under the
supervision of the Office. See section 1903
above.
1909.16 Form .9:nd content of certified copies of material
deposited for copyright or mask work registration
(other than phonorecords and Patent Office
deposits) .The Copyright Office will provide the
best possible reproduction(s) of deposited
material, depending on the nature of the material
and the need of the requester. Photocopies are
provided for most flat material. As a general
rule, the Office certifies a copy of the entire
deposit retained by the Office. The material
certified must include a copy of the page or
surface bearing the registration number and date
of deposit, if any.
1909.16(a) Copies of part or portions of a work. When a
request is received to copy and certify only
a part or portion of a work, a special
certification clearly identifying the
material certified must be drawn and typed.
In such cases, the material copied and
certified must include the page or surface
bearing the registration number and date of
deposit, and also the page or surface bearing
the notice of copyright, if any.
1909.16(b) Copies of photographs and identifying
reproductions deposited for certain
three-dimensional works. To certify copies
of photographs or reproductions deposited in
lieu of three-dimensional or over-size
copies, a certification must be prepared
which identifies the "certified copies" as
[1998]
1900-20
~
1909 Certification in general. (cont'd) .
1909.16 Form and content of certified copies of material
deposited for copyright or mask work registration
(other than phonorecords and Patent Office
deposits) .(cont'd)
1909.16(b) Copies of photographs and identifying
reproductions deposited for certain
three-dimensional works. (cont'd)
copies of photographs or identifying material
deposited in lieu of copies. In such cases
all of the photographs or reproductions in a
set should be reproduced, unless the request
specifies that only certain ones are to be
copied. In all cases, however, the material
copied and certified should include the page
or surface bearing the registration number
and date of receipt of the deposit, if any,
and also the page or surface showing the
notice of copyright, if any. For some
pre-1956 registrations where both
three-dimensional copies and photographs may
be available, the Copyright Office will
certify the photographs, unless the applicant
specifically requests certification of the
.three-dimensional copies.
1910 Certification of actual deposit CODY when required by
the court. When required by a court, the Copyright
Office will certify the actual copy, phonorecord, or
identifying material used to make the registration, or
to refuse registration, provided that the copy,
phonorecord, or identifying material has been under the
continuous control of the Copyright Office. The actual
deposit material will be made available only upon the
condition that it will be promptly returned to the
custody of the Copyright Office. A certificate is
drawn to show that the copy, phonorecord, or
identifying material is the copy, phonorecord, or
identifying material used to make or to refuse the
registration. If the deposit material has been
transferred to the Library of Congress's collections,
the Office will not certify that copy, phonorecord, or
identifying material.
1911 Fees in general. Fees are charged for the various
services provided by the Copyright Office, the
Photoduplication Service, or the Motion picture,
Broadcasting, and Recorded Sound Division.
1911.01 Statutory fees. Fees are charged for certain
.services as set forth in section 708 of the
Copyright Act and section 908(d) of the
[1998]
1900-21
1911 Fees in general. (cont'd)
1911.01 Statutory fees. (cont'd)
Semiconductor Chip Protection Act of 1984. They
are payable to the Register of Copyrights.
Fees are charged:
1) For issuance of an additional certificate of
registration;
2) For issuance of any other certification;
3) For making a search or any related service;
and
4) For a special service, at a rate fixed by the
Register.
1911.02 Photoduplication Service and Motion Picture
and Recorded-Sound Division fees.
Fees for the making of copies by these units are
established by them and are payable to the Library
of Congress at the copying rate then in effect for
their services.
1911.03 Certification fees. The check for preparing a
certification should be made payable to "the
Register of Copyrights," regardless of which
Library service unit is preparing the
certification.
1912 Applicability of fees to other U.S. Government
agencies. Section 708(b) of the Copyright Act provides
that all fees prescribed by the Act are applicable to
the United States Government and any of its agencies,
employees, or officers, but that the Register of
Copyrights has discretion to waive these requirements
in occasional or isolated cases involving relatively
small amounts.
[END OF CHAPTER 1900]
[1998]