Copyright Practice Tip: Failing to Follow Up Could Impact Your Rights

If you have correspondence from the U.S. Copyright Office sitting in a pile of paperwork on your desk, this post is for you.

Many communications from the Copyright Office set forth specific timelines for replying. If you miss these deadlines, you could be putting your intellectual property rights at risk.

Below are some of the consequences of not responding in time:

  • Your case file will be closed without further notification.
  • Any published deposit you submitted may be made available to the Library of Congress for use or disposition under the provisions of the copyright law, 17 U.S.C. sections 407 and 704.
  • Any unpublished deposit or document you submitted will be returned.
  • Your filing fee will not be returned.

Copyright applicants do not want to risk having their file closed. If you still wish to pursue the copyright, you will be required to reapply for registration or recordation. This will entail submitting a new application, deposit, and fee or an original document and fee.

More importantly, the effective date of registration or recordation will be based on the new, later submission. This could have a negative effect on any subsequent copyright infringement application.

 

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