If the Office determines that the work does not constitute copyrightable subject matter or that the other formal and legal requirements have not been met, the Office will refuse to register the claim. The registration specialist assigned to the application will notify the applicant in writing and will explain the reasons for the Office's decision. See 17 U.S.C. § 410(b). The Office will send the notification to the correspondent listed in the Correspondent section of the application.
1703 First Request for Reconsideration
1703.1 Filing the Request
If the applicant disagrees with a refusal to register the entire work or a refusal to register a specific element of the work, the applicant may appeal that decision within the U.S. Copyright Office. This is an administrative procedure known as a first request for reconsideration.
A request for reconsideration must be in writing. The request should specify the reasons that the applicant believes that registration was improperly refused, including any legal arguments or supplementary information that support the applicant's position. 37 C.F.R. § 202.5(b)(1). Th e filing fee set forth in 37 C.F.R. § 201.3(d) (4) (i) must accompany the request, and the Office must receive the request within three months of the date set forth in the refusal. See Sections 1708.1 and 1708.3.
The applicant must provide the following information in the subject line on the first page of the request:
• A statement that the document is a "FIRST RECONSIDERATION."
• The ten digit case number/ service request number that the Office assigned to
the claim and the seven digit correspondence ID number that appears in the subject line of the letter refusing to register the work.
• The name of the copyright claimant(s) specified in the application and the title(s) of the work exactly as it appears in the application.
The pages of the first request should be numbered, including any attachments or exhibits thereto. The applicant should send one copy of the request to the address specified in Section 1708.2, together with one copy of the reply sheet that was attached to the refusal to register.
See generally 37 C.F.R. § 202.5(b)(l)-(3) (setting forth the procedure for submitting a first request for reconsideration).
1703.2 Review of the First Request for Reconsideration
The first request for reconsideration will be reviewed by a U.S. Copyright Office staff attorney in the Registration Program office who did not participate in the initial examination of the claim. The Office will base its decision on the applicant's submission and the administrative record. If the Office needs additional information in order to
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