623.5 Procedure for Requesting Special Handling
Special handling for an application to register a work may be requested online, in person, by courier, or by mail. Special handling for document recordations may be requested only in person, by courier, or by mail. The procedures for each type of request are discussed in Sections 623.5(A) through 623.5(D).
The request may be made when the application or document is submitted to the U.S. Copyright Office or any time before the Office issues a certificate of registration or a certificate of recordation.
When requesting special handling for an application, the Office strongly encourages applicants to complete an online application and upload an electronic copy of the work if the work is eligible for submission in an electronic format. When submitting the deposit in a hard copy format, the Office strongly encourages applicants to deliver the deposit copy(ies) in person to ensure they are received in a timely manner and to minimize the risk of damage.
For guidance in determining whether a work is eligible for submission in electronic format, see Chapter 1500, Section 1507.2. For information concerning the procedures for delivering deposit copy(ies) in person, see Chapter 1500, Section 1508.5.
623.5(A) Online Requests for an Expedited Certificate of Registration
When submitting an application using the electronic registration system, the applicant may request special handling by completing the fields that appear on the Special Handling screen. The applicant should check the box marked Special Handling and provide a justification for the applicant’s request by checking one or more of the boxes that appear under the heading Compelling Reason(s) (i.e., pending or prospective litigation; customs matters; contract or publishing deadlines).
The request for special handling must be certified by an author of the work, the claimant named in the application, an owner of one or more of the exclusive rights in the work, or a duly authorized agent of one of the aforementioned parties. The certifying party should check the box that reads, “I certify that I am the author, copyright claimant of exclusive rights, or the authorized agent of the author, copyright claimant of exclusive rights of this work.” By checking this box, the certifying party confirms that the information provided in the request for special handling is correct to the best of his or her knowledge. There is no need to date the certification; the date will be added automatically when the application is received by the U.S. Copyright Office.
Additional comments or instructions that may be relevant to the request for special handling may be provided in the field marked Explanation for Special Handling, such as the applicant’s preference for the delivery of the certificate of registration.
623.5(B) In Person Requests
To request special handling in person, the requesting party should prepare a letter explaining why there is a compelling need for the expedited issuance of a certificate of registration or a certificate of recordation. The letter must include one or more of the
