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

1403

Filing Fees

1403.1

Statutory Basis for Setting Filing Fees

Since 1997, the U.S. Copyright Office has undertaken a series of studies to determine what fees to charge for specific services relating to registration. The Office revisits its schedule of fees approximately every three years, a process during which it seeks public comment, adopts some fees, and makes recommendations for other fees to Congress.

The majority of the Office's fee adjustments are guided by Section 708(b) of the Copyright Act, which states that, before adjusting certain fees, the Register must conduct a study of the Office's costs for registering claims and must consider the timing of any fee adjustments and the Office's authority to use the fees consistent with the Office's budget. Section 708(b) also states that the Register may, based on the results of the fee study, adjust some fees "not more than necessary to cover the reasonable costs incurred by the Copyright Office for ... services ... plus a reasonable inflation adjustment to account for any estimated increase in costs." Finally, Section 708(b) mandates that certain fees "shall be fair and equitable and give due consideration to the objectives of the copyright system."

The U.S. Copyright Office publishes its fee schedule in Section 201.3 of Title 37 of the Code of Federal Regulations. The fee schedule also is posted on the Office's website at www.copyright.gov /docs/ fees.html.

When filing claims via the U.S. Copyright Office's online registration system, the applicant will be prompted to provide payment on the Online Payment screen. Applicants who submit paper applications should provide a deposit account number in the appropriate space of the application or should submit the filing fees in the same envelope or package with the application and deposit copy(ies). For more specific information regarding deposit accounts, see Section 1403.5 below.

The U.S. Copyright Office has issued regulations regarding acceptable forms of payment for filing fees. See 37 C.F.R § 201.6(a).

Applicants using the Office's online registration system to file applications may pay fees by making a secure payment by credit or debit card, electronic check, or U.S. Copyright Office deposit account.

Applicants submitting paper applications may pay fees from a deposit account or by using checks, money orders, or bank drafts payable to the Register of Copyrights. Payment in cash may be made only in person at the Public Information Office.

Fees paid from a foreign country should be in the form of an international money order or bank check payable and immediately negotiable in the United States for the full

1403.2 Where to Find Specific Filing Fee Information

1403.3 Submitting Filing Fees

1403.4

Acceptable Forms of Payment

Chapter 1400 : 14

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Chapter _00 : 14
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