If the Review Board decides to uphold 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 second request for reconsideration. If the Review Board has been notified that the work is involved in litigation, the Review Board will send a copy of its decision to counsel of record for the parties in that dispute.
See generally 37 C.F.R. § 202.5(c)(4) (discussing the procedure for reviewing a second request for reconsideration).
1705 Effective Date of Registration
If the U.S. Copyright Office registers a work following a first or second request for reconsideration, the Office will assign an effective date of registration ("EDR") to the registration. The effective date of registration is the day on which the Office receives an acceptable application, deposit copy(ies), and filing fee, which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration. 17 U.S.C. § 410(d).
As a general rule, if the applicant made a reasonable, good faith effort to complete the relevant fields/spaces in the application, the effective date of registration is the date that the Office received the application, provided that the applicant submitted the appropriate deposit copy(ies) and paid the applicable filing fee as of that date. See Chapter 600, Section 625.
1706 Final Agency Action
A decision issued by the Review Board in response to a second request for reconsideration constitutes the final agency action with respect to the issues addressed therein. 37 C.F.R. § 202.5(g).
If the U.S. Copyright Office upholds the refusal to register following a request for reconsideration, an applicant may appeal that decision under the Administrative Procedure Act ("APA") by instituting a judicial action against the Register of Copyrights in federal district court. See 5 U.S.C. § 500 etseq.
An applicant does not need to appeal a refusal to register under the APA in order to institute an infringement action in federal district court. See 17 U.S.C. § 411(a). However, the applicant must serve a copy of the infringement complaint on the Register, and "[t]he Register may, at his or her option, become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such service Id.
1707 Retention of Records
The U.S. Copyright Office maintains records of all documents and correspondence relating to a first or second request for reconsideration.
Chapter 1700 : 7
12/22/2014
