If the required deposit copies or phonorecords are not received in a timely manner, the party that received the demand notice may be subject to the following penalties:
• To pay a fine of not more than $250 for each work; and
• To pay the total retail price of the copies or phonorecords demanded into a specially designated fund in the Library of Congress, or if no retail price has been fixed, the reasonable cost to the Library of Congress of acquiring such copies or phonorecords; and
• To pay a fine of $2,500, in addition to any fine or liability imposed above, if the party willfully or repeatedly fails or refuses to comply with the demand.
Upon request, the Office will issue a certificate of receipt for copies or phonorecords that are submitted for the purpose of mandatory deposit, provided that the request is made at the time of the deposit. Thereafter, the Office will issue a certificate of receipt only if the request is made by the party that is identified in the Office's records as the party that submitted the copies or phonorecords. The certificate will provide the following information:
• The depositor.
• The work deposited.
• The nature and format of the copy or phonorecord deposited.
• The date of receipt.
17 U.S.C. § 407(b); 37 C.F.R. § 202.19(f)(3).
In all cases, the request for a certificate of receipt must be made in writing and must be accompanied by the appropriate fee, which is set forth in the Office's fee schedule under the heading marked "Receipt for deposit without registration (section 407 deposit)" (www.copyright.gov/docs / fees.html) .
1511.8 Mandatory Deposit Requirements for Specific Categories of Works
To satisfy the mandatory deposit requirement, copyright owners and owners of the exclusive right of publication generally should submit two complete copies of the best edition of the work, or in the case of a sound recording, two complete phonorecords of the best edition. See 37 C.F.R. § 202.19(d)(1)(f), (ii). For a definition and discussion of the terms "best edition," "complete copy," and "complete phonorecord," see Sections 1504 and 1505.
There are several exceptions to this rule. For certain types of works, a party may submit (i) one copy or phonorecord instead of two, (ii) the work as first published instead of the
17
U.S.C. § 407(d).
1511.7(D)
Certificate of Receipt
Chapter 1500 : 78
12/22/2014
