make its decision, the staff attorney will notify the applicant in writing. The Office will not hear oral argument in support of a first request for reconsideration.
The refusal to register is subject to de novo review, which means that the Office will take a fresh look at whether the work meets the statutory requirements for copyright registration.
If the Office decides to register the work, it will notify the applicant in writing. This notification will be sent to the individual who submitted the first request for reconsideration, rather than the correspondent listed in the application. A certificate of registration will be sent separately to the mailing address specified in the application. See Chapter 600, Section 622.4.
If the Office upholds the refusal to register, it will notify the applicant in writing and will explain the reasons for its decision. This notification will be sent to the individual who submitted the first request for reconsideration.
The Office will respond to the first request within four months after the date that the first request was received. If the deadline falls on a weekend or a federal holiday, the deadline will be extended to the next federal work day. In no case shall a failure to respond within four months after the date that the first request was received result in the registration of the applicant's work.
See generally 37 C.F.R. § 202.5(b)(4) (discussing the procedure for reviewing a first request for reconsideration).
1704 Second Request for Reconsideration
1704.1 Filing the Second Request for Reconsideration
If the U.S. Copyright Office refuses to register a work after reviewing a first request for reconsideration, the applicant may submit a second request for reconsideration.
A second request for reconsideration must 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. The applicant must specifically address the Office's reasons for upholding the refusal to register following the applicant's first request for reconsideration. See 37 C.F.R. § 202.5(c)(1). The filing fee set forth in 37 C.F.R. § 201.3(d)(4)(h) must accompany the second request, and the Office must receive the second request within three months of the date set forth in the Office's response to the first request for reconsideration. 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:
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