Freedom of Information Act (FOIA) Records
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Freedom of Information Act (FOIA) Records |
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The Freedom of Information Act (FOIA), which can be found in Title 5 of the United States Code, section 552,
was enacted in 1966 and provides that any person has the right to request access to federal agency records or
information. This right of access is enforceable in court. All agencies of the United States government are
required to disclose records upon receiving a written request for them, except for those records that are
protected from disclosure by the nine exemptions and three exclusions found in the FOIA. The federal FOIA
does not provide a right of access to records held by Congress, the courts, state or local government agencies,
or by private businesses or individuals. All states have their own statutes governing public access to state
and local records and state authorities should be consulted for further information about such records.
U.S. Copyright Office Freedom of Information Act Annual Reports Fiscal Year: 2003 | 2002 | 2001 | 2000 | 1999 | 1998 What Kinds of Records Does the Copyright Office Keep? 1. Information about registrations and deposits. The Copyright Office maintains records of deposits, registrations, recordations, and other documents related to copyright registration. In accordance with sections 705 and 706 of title 17, United States Code (U.S.C.), records are available for public inspection, and most may be copied for a fee. The Copyright Office will not make copies of registered deposit material unless authorized by the copyright claimant or for other specified reasons related to litigation activity. The Office's Circulars 6 and 22 provide details about gaining access to this information and the charges that may be assessed for obtaining this data. In addition, you may request copyright forms, circulars, and other information publications by telephone; call the Copyright Office's Forms Hotline at (202) 707-9100 and leave a recorded request for application forms and circulars if you know which items you want. There is no charge for circulars and forms supplied by the Copyright Office. Other information about the copyright law and Office procedures may be obtained by calling (202) 707-3000. A complete copy of the 1976 Copyright Act, as amended, may be obtained by requesting Circular 92 from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Request stock number 030-002-00197-7. You may call the Government Printing Office at (202) 512-1800, or fax (202) 512-2250. 2. Policy statements and Office records. The Copyright Office is subject to the Freedom of Information Act, title 5, U.S.C., section 552, which requires that government agencies make records that affect the public available for inspection and copying. The FOIA is based on the principle that an informed public is essential to the democratic process. Regulations specifically addressing requests made under the Freedom of Information Act can be found at 37 Code of Federal Regulations (C.F.R.), part 203. Data about information requests which concern the Privacy Act of 1974, 5 U.S.C. 552a, can be found at 37 C.F.R., part 204. How to Make a FOIA Request Most requests the Copyright Office receives for information from parties invoking the FOIA are actually information requests of the nature routinely received by the Office's Public Information Office. These are requests for information about records that are maintained by the Office as part of its registration and recordation operations. As mentioned above, the Office publishes forms and pamphlets that explain how one can access these records and specify the fees charged for searching for and copying these records. In addition to its registration records, the Copyright Office makes the following information available for inspection and copying under the FOIA: records of copyright registrations and of final refusals to register claims to copyright; statements of policy and interpretations which have been adopted but were not published in the Federal Register; and administrative staff manuals and instructions to the staff that affect members of the public. This information is available for inspection and copying in the Office's Public Information Office in a paper format; it can also be provided to requesters in electronic format where feasible. The Copyright Office's Supervisory Copyright Information Specialist is responsible for responding to all initial requests submitted under the FOIA. People who want access to Copyright Office records under the FOIA should make a written request to that effect and send it by mail to: Supervisory Copyright Information SpecialistTo facilitate a prompt response, the request should be plainly marked “Freedom of Information Act Request.” Moreover, records requested should be well-described. This means the description should enable the Office to identify the records requested by any process that is not unreasonably burdensome or disruptive to Office operations. Response will be made within twenty working days. The Office may contact the requester to attempt to narrow or further define the nature and scope of the request. A requester is advised to provide a daytime telephone number, fax number, and/or email address in case the Supervisory Copyright Information Specialist needs additional data. If a request is denied, the notification will include the basis for the denial. Appeals may be made in writing to the General Counsel, United States Copyright Office, at the address listed above. Appeals must be made within 30 calendar days of the date a denial is received. List of Records The Privacy Act of 1974 requires that the Copyright Office maintain a list of the systems of records it keeps, together with descriptions of the records kept in those systems and methods the public may use to access information in the systems. The most up-to-date version of the systems of records was published in September 1998 and amended in October 1999. This updated list reflects changes, additions, and deletions of records maintained by the Office since the last publication of systems of records, which occurred in August 1993. Click here for the complete list of Copyright Office System of Records. |