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Compendium of U.S. Copyright Office Practices, Third Edition

In some circumstances, the Office will issue certified copies of applications, correspondence, deposit copy(ies), documents, and other materials submitted to the Office in connection with copyright registrations and recorded documents. In addition, the Office has a reference search service that provides search reports regarding the facts of registration and recordation contained in the Office’s files. For a discussion of these services, see Chapter 2400 of this Compendium.

  • Mandatory deposit: The U.S. Copyright Office administers Section 407 of the Copyright Act, which requires copyright owners to deposit certain published works with the Library of Congress for its collections. In this role, the Office may facilitate, demand, negotiate, or exempt the provision of copies or phonorecords. Absent a special exemption, the law requires that one or two copies of the best edition of every copyrightable work published in the United States be sent to the Office within three months of publication, regardless of whether a claim in the work is registered. 17 U.S.C. § 407(a). For a detailed discussion of mandatory deposit, see Chapter 1500, Section 1511 of this Compendium.
  • Service provider directory: The Office of Public Records and Repositories administers a directory of service provider agents to receive notifications of claims of infringement as provided under Section 512(c) of the Copyright Act.
  • Mask works: The U.S. Copyright Office examines and registers claims to mask works fixed in semiconductor chip products filed under the Semiconductor Chip Protection Act of 1984, title III of Pub. L. No. 98-620, 98 Stat. 3335, 3347 (codified as amended at 17 U.S.C. §§ 901–914). Chapter 1200 of this Compendium discusses the examination of claims in mask works.
  • Vessel designs: The U.S. Copyright Office examines and registers claims in vessel designs filed under the Vessel Hull Design Protection Act, title V of the Digital Millennium Copyright Act, Pub. L. No. 105-304, 112 Stat. 2860, 2905 (1998) (codified as amended at 17 U.S.C. §§ 1301–1332). Chapter 1300 of this Compendium discusses the examination of claims in vessel designs.

101.3(B) Regulatory Work

The U.S. Copyright Office promulgates regulations regarding its policies and procedures pursuant to the provisions of Title 17, which authorizes the Register of Copyrights “to establish regulations not inconsistent with law for the administration of the functions and duties made the responsibility of the Register under this title.” 17 U.S.C. § 702. These regulations are subject to the approval of the Librarian of Congress, who is the agency head. See id.

Congress expressly made the Register’s actions under Title 17 subject to the provisions of the Administrative Procedure Act of June 11, 1946, as amended. 17 U.S.C. § 701(e).

101.3(C) Advising Congress and Intergovernmental Work

The Register advises Congress on national and international copyright issues. The U.S. Copyright Office also works closely with the federal departments and agencies discussed in Section 101.1 above. 17 U.S.C. § 701. Among other things, the Office provides expert


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12/22/2014