1708 General Requirements for First and Second Requests for Reconsideration
1708.1 Filing Fee
The applicant must submit the appropriate filing fee together with both the first or the second request for reconsideration. See 37 C.F.R. § 202.5(b)(2), (c)(2). The current filing fees are set forth in the U.S. Copyright Office's fee schedule in the field marked "Requests for reconsideration" (www.copyright.gov/docs/fees.html).
The applicant must pay a separate filing fee for each claim that has been refused registration, even if the Office refused to register two or more claims in the same letter. See Copyright Office Fees, 78 Fed. Reg. 18,742, 18,745 (Mar. 28, 2012).
1708.2 Address for Delivery
Each request for reconsideration (including requests that are delivered by mail, by courier, or by hand) should be addressed on the outside of the envelope as follows:
FIRST or SECOND REQUEST FOR RECONSIDERATION U.S. Copyright Office RAC Division P.O. Box 71380 Washington, DC 20024-1380.
For instructions on delivering a request for reconsideration to the U.S. Copyright Office by hand or by courier, see 37 C.F.R. § 202.5(d).
1708.3 Deadline for Submitting a Request for Reconsideration
A first request for reconsideration must be received in the U.S. Copyright Office no later than three months from the date that appears in the written notice from the Office of its decision to refuse registration. 37 C.F.R. § 202.5(b)(3).
A second request for reconsideration must be received in the Office no later than three months from the date that appears in the written notice from the Office of its decision to uphold the refusal to register following the applicant's first request for reconsideration. 37 C.F.R. § 202.5(c)(3).
The Office will not consider a second request for reconsideration if the applicant failed to submit the first request in a timely manner.
If the deadline for submitting a first or second request falls on a weekend or a federal holiday, the deadline will be extended until the next federal work day. See 37 C.F.R. § 202.5(b)(3), (c)(3). If a request for reconsideration was sent in a timely manner, but arrived in the Office after the relevant deadline, the Office may apply the regulation on postal disruptions to determine the timeliness of the filing. See 37 C.F.R. § 201.8.
The deadline for submitting a first or second request may be suspended or waived, in whole or in part, by the Register of Copyrights upon a showing of good cause. The request for a suspension or waiver should be made in writing it should indicate
Chapter 1700 : 8
12/22/2014
