Circular 1a
United States Copyright Office
A Brief History and Overview
The Congress shall have Power . . . To promote the Progress of Science
and useful Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries . . .
Article I, Section 8, U.S. Constitution
What Is a Copyright?
It is a principle of American law that an author of a work may reap the
fruits of his or her intellectual creativity for a limited period of time.
Copyright is a form of protection provided by the laws of the United States
for "original works of authorship" including literary, dramatic,
musical, architectural, cartographic, choreographic, pantomimic, pictorial,
graphic, sculptural, and audiovisual creations. "Copyright" literally
means the right to copy. The term has come to mean that body of exclusive
rights granted by statute to authors for protection of their work. The owner
of copyright has the exclusive right to reproduce, distribute, and, in the
case of certain works, publicly perform or display the work; to prepare derivative
works; in the case of sound recordings, to perform the work publicly by means
of a digital audio transmission; or to license others to engage in the same
acts under specific terms and conditions. Copyright protection does not extend
to any idea, procedure, process, slogan, principle, or discovery.
Role of the Copyright Office
The Copyright Office provides expert assistance to Congress on intellectual
property matters; advises Congress on anticipated changes in U.S. copyright
law; analyzes and assists in the drafting of copyright legislation and legislative
reports and provides and undertakes studies for Congress; offers advice to
Congress on compliance with multilateral agreements such as the Berne Convention
for the Protection of Literary and Artistic Works; works with the State Department,
the U.S. Trade Representative's Office, and the Patent and Trademark Office
in providing technical expertise in negotiations for international intellectual
property agreements; provides technical assistance to other countries in developing
their own copyright laws; and through its International Copyright Institute,
promotes worldwide understanding and cooperation in providing protection for
intellectual property.
The Copyright Office is also an office of record, a place where claims to
copyright are registered and where documents relating to copyright may be
recorded when the requirements of the copyright law are met. The Copyright
Office furnishes information about the provisions of the copyright law and
the procedures for making registration, explains the operations and practices
of the Copyright Office, and reports on facts found in the public records
of the Office. The Office also administers various compulsory licensing provisions
of the law, which include collecting royalties.
Additionally, the Copyright Office and the Library of Congress administer
the Copyright Arbitration Royalty Panels, which meet for limited times for
the purpose of adjusting rates and distributing royalties.
Brief History of the Copyright Office
The Constitution gives Congress the power to enact laws establishing a system
of copyright in the United States. Congress enacted the first Federal copyright
law in May 1790, and the first work was registered within two weeks. Originally,
claims were recorded by Clerks of U.S. District Courts. Not until 1870 were
copyright functions centralized in the Library of Congress under the direction
of the then Librarian of Congress Ainsworth Rand Spofford. The Copyright Office
became a separate department of the Library of Congress in 1897, and Thorvald
Solberg was appointed the first Register of Copyrights.
Today the Copyright Office is one of the major service units of the Library
of Congress. With public offices located at 101 Independence Avenue, S.E.,
Washington, D.C., the Office occupies portions of the James Madison Memorial
Building and employs 500 people. In fiscal year 2001, the Office registered
601,659 claims to copyright and mask works. In calendar year 2000, the Office
collected for later distribution to copyright holders over $187,000,000 in
cable television, satellite carrier, and Audio Home Recording Act compulsory
license funds. As of fiscal year 2001, the Copyright Office had recorded 29,732,771
registrations.
Mission of the Copyright Office
Although the purpose of the copyright system has always been to promote
creativity in society, the mission of the Copyright Office has grown to include:
administering the copyright law
- creating and maintaining a public record
- through registration of claims and recordation of documents, including
those related to compulsory licenses;
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- providing technical assistance
- to the Congress and to Executive Branch agencies;
- providing information services to the public
- serving as a resource to the domestic and international copyright communities;
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serving as a resource
- to the domestic and international copyright communities;
- supporting the Library of Congress
- by obtaining and making available deposits for the Library's collections.
Administration of the Copyright Law
The Office of the Register of Copyrights
The Register of Copyrights serves the nation by providing advice to Congress,
drafting legislation, preparing technical studies, and administering the copyright
law. The Register of Copyrights also serves as Associate Librarian of Congress
for Copyright Services.
Assisting the Register of Copyrights are the Copyright General Counsel and
the Associate Register for Policy and International Affairs, who provide legal
advice and counsel to the Register.
The Associate Register for National Copyright Programs works with the Register
on development and implementation of an electronic copyright registration,
recordation, and deposit system (CORDS).
The Chief Operating Officer assists the Register in the planning and directions
of the Copyright Office with responsibility for the operation and administration
of the Office's six Divisions. The chief operating officer ensures that all
necessary support activities are provided to carry out the substantive programs
of the Office and has responsibility for the establishment of policies governing
the management of the Office’s complex records system and the bibliographic
records created and published.
The Register's Office also oversees the administration of the Copyright
Arbitration Royalty Panel (CARP) process.
Receiving and Processing Division
This Division receives all incoming mail and dispatches all outgoing mail.
It records and deposits payments for copyright fees; creates automated in-process
records for all claims and fees received; establishes and maintains deposit
accounts; routes applications for registration of copyright; handles incomplete
claims; maintains files on all office correspondence cases; assigns copyright
registration numbers; and creates and mails certificates of registration.
Examining Division
The Examining Division examines all applications, copies, phonorecords, and
other material presented to the Copyright Office for the registration of original
and renewal copyright claims to determine their acceptability for registration
under the provisions of the copyright law and the Copyright Office regulations.
It resolves errors, omissions, and inconsistencies in claims by communicating
with the applicant by letter or phone. Through legal and factual research,
the Division develops policies and practices in order to administer the copyright
law and provide guidance to examiners and the public. The Division also examines
claims to mask work protection filed under the Semiconductor Chip Protection
Act of 1984.
Cataloging Division
The Cataloging Division records the bibliographic descriptions and the copyright
facts of all works registered in the Copyright Office as well as the copyright
facts of all works deposited in the Office in order to be in compliance with
the copyright law but not registered, thus providing effective reference access
to all information of record relating to registrations, deposits, recorded
assignments, and other documents.
Information and Reference Division
This Division provides public information and reference services concerning
copyrights. It responds to all copyright information and reference requests
from the public; produces and supplies Copyright Office forms and publications;
furnishes search reports based on Copyright Office records; prepares certifications
and other legal documents; provides for the inspection of works submitted
for copyright registration; prepares authorized reproductions of works submitted
for registration; and preserves, maintains, and services copyright-related
records including the deposits registered.
Licensing Division
The Licensing Division is in charge of administering compulsory and statutory
licenses. These licenses are issued for secondary transmissions by cable systems;
for making and distributing of phonorecords; for the use of certain works
in connection with noncommercial broadcasting; for secondary transmissions
by satellite carriers for private home viewing; and for the distribution of
digital audio recording devices or media. The Division collects royalty fees
from cable operators for retransmitting television and radio broadcasts; from
satellite carriers for retransmitting "superstation" and network
signals; and from importers or manufacturers who distribute digital audio
recording devices or media in the United States. After deducting its full
operating costs, the Licensing Division invests the balance in interest-bearing
securities with the U.S. Treasury for later distribution to copyright owners.
Copyright Acquisitions Division
The Copyright Acquisitions Division is responsible for using and enforcing
the mandatory deposit requirement of the Copyright Act of 1976 and Copyright
Office regulations to acquire works needed for the collections of the Library
of Congress. In keeping with the nature of its mission and workload, the Division
operates under the direction of the Associate Register for National Copyright
Programs and the Library's Director for Acquisitions and Support Services.
Creation and Maintenance of the Public Record
The archives maintained by the Copyright Office are an important record of
America's cultural and historical heritage. Containing nearly 41 million individual
cards, the Copyright Card Catalog housed in the James Madison Memorial Building
comprises an index to copyright registrations in the United States from 1870
through 1977. The Copyright Card Catalog together with post-1977 automated
files provide an index to copyright registrations in the United States from
1870 to the present. A large part of the literary, musical, artistic, and
scientific production of the United States and of many foreign countries is
recorded in these files. They are an important supplement to the Main Catalog
of the Library of Congress as a research tool.
Other records that supplement the Copyright Card Catalog include the Catalog
of Copyright Entries, which is in effect the Copyright Card Catalog published
in book form from July 1, 1891, through 1978 and, from 1979 through 1982,
in microfiche. These records from 1978 forward are available for searching
over Internet. Additionally, approximately 150,000 copyright registrations
from 1790 through 1870 were registered in the Office of the Clerk of each
U.S. District Court. Most of these records are available on microfilm in the
Copyright Office.
Researchers may also investigate the ownership of a copyright by examining
the Assignment and Related Documents Index and the Copyright Office History
Documents, an online file, and may obtain copies of original applications
and documents.
The Licensing Division maintains public records of transactions related
to the compulsory licenses it administers including the secondary transmission
of copyrighted works on cable television systems and by satellite carriers
for private home viewing; the making and distributing of phonorecords; the
use of certain works in connection with noncommercial broadcasting; public
performance of copyrighted music on jukeboxes from 1978-1989; and initial
notices of distribution filed by importers or manufacturers of digital audio
recording devices or media.
Technical Assistance to Congress
As a service unit of the Library of Congress, the Copyright Office is part
of the legislative branch of government. The Office provides copyright policy
advice to Congress. At the request of Congress, the Copyright Office drafts
legislation, comments on proposed legislation, and prepares substantial studies
of copyright-related issues.
Information Services to the Public
The public may visit the Copyright Public Information Office or call at (202)
707-3000. Recorded information on copyright is available 24 hours a day, seven
days a week. Information specialists are on duty to answer questions by phone
or in person from 8:30 a.m. to 5 p.m., eastern time, Monday-Friday, except
federal holidays. The Copyright Office Forms and Publications Hotline number,
(202) 707-9100, is available 24 hours a day to accept requests for specific
registration application forms and for informational circulars. Address written
inquiries to Library of Congress, Copyright Office, Publication Section, 101
Independence Ave, S.E., Washington, D.C. 20559-6000.
For a fee, members of the public may obtain additional certificates of registration
and certified copies of Office records. Copies of deposits may be obtained
upon the request of the owner of the copyright in the deposit, by an attorney
in connection with litigation involving the copyrighted work, and through
a court order issued by a court having jurisdiction in a case in which the
copy is to be submitted as evidence. For a fee, the Office will conduct searches
of the records and prepare reports on the copyright facts of registrations
and recordations. In addition, the Office will assist the public in using
the public records of the Office.
Resource to the Domestic and International Communities
The Copyright Office promotes improved copyright protection for U.S. creative
works abroad. The International Copyright Institute (ICI), created within
the Copyright Office by Congress in 1988, provides training for high-level
officials from developing and newly industrialized countries and encourages
development of effective intellectual property laws and enforcement overseas.
The Copyright Office actively cooperates with U.S. business interest and
the Department of State in matters concerning international copyright relations,
proclamations, and treaties. The Register and her staff work with other U.S.
government agencies and international organizations to promote adequate and
effective protection of U.S. copyright works internationally. In addition
to the Department of State, the Office works with the Department of Commerce
and the Office of the U.S. Trade Representative in negotiating with foreign
countries to improve the copyright protection afforded U.S. authors in these
foreign countries, either in bilateral copyright treaties or trade agreements
or in multilateral efforts.
Support to the Library of Congress
In 1870, Congress passed a law that centralized the copyright system in the
Library of Congress. No legislation was more important to the development
of the Library than that law, which required all authors to deposit in the
Library two copies of every book, pamphlet, map, print, and piece of music
registered in the United States.
That partnership, created more than 130 years ago, has served the nation
well. Supplying the information needs of the Congress, the Library of Congress
has become the world's largest library and America's national library. This
great repository of more than 124 million books, photographs, maps, films,
documents, sound recordings, computer programs, and other items has been created
largely through the operations of the copyright system, which brings deposits
of every copyrighted work into the Library. In one recent year alone, the
value of these deposits was over $32 million.
The Copyright Office also serves as an advisor to the Library on all copyright
issues, including those related to the National Digital Library Program. It
supports the collection development needs of the Library through Office deposit
regulations. Its partnership extends to many joint projects, such as the current
program to register and deposit copies electronically.
Registers of Copyright
- Thorvald Solberg, Register 1897-1930
- William L. Brown, Acting Register 1930-1934; Register 1934-1936
- Clement L. Bouvé, Register 1936-1943
- Richard De Wolf, Acting Register 1944-1945
- Sam Bass Warner, Register 1945-1951
- Arthur Fisher, Acting Register 1951; Register 1951-1960
- Abraham L. Kaminstein, Register 1960-1971
- George D. Cary, Register 1971-1973
- Abe A. Goldman, Acting Register 1973
- Barbara Ringer, Register 1973-1980
- David Ladd, Register 1980-1985
- Donald Curran, Acting Register 1985
- Ralph Oman, Register 1985-1993
- Barbara Ringer, Acting Register 1993-1994
- Marybeth Peters, Register 1994-present
Notable Dates in United States Copyright
- August 18, 1787
- James Madison submitted to the framers of the Constitution a provision
"to secure to literary authors their copyrights for a limited time."
- June 23, 1789
- First federal bill relating to copyrights (H.R. 10) presented to the first
Congress.
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- May 31, 1790
- First copyright law enacted under the new U.S. Constitution. Term of 14
years with privilege of renewal for term of 14 years. Books, maps, and charts
protected. Copyright registration made in the U.S. District Court where
the author or proprietor resided.
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- June 9, 1790
- First copyright entry, The Philadelphia Spelling Book by John Barry,
registered in the U.S. District Court of Pennsylvania.
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- April 29, 1802
- Prints added to protected works.
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- February 3, 1831
- First general revision of the copyright law. Music added to works protected
against unauthorized printing and vending. First term of copyright extended
to 28 years with privilege of renewal for term of 14 years.
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- August 18, 1856
- Dramatic compositions added to protected works.
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- March 3, 1865
- Photographs added to protected works.
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- July 8, 1870
- Second general revision of the copyright law. Copyright activities, including
deposit and registration, centralized in the Library of Congress. Works
of art added to protected works. Act reserved to authors the right to create
certain derivative works including translations and dramatizations. Indexing
of the record of registrations began.
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- March 3, 1891
- First U.S. copyright law authorizing establishment of copyright relations
with foreign countries. Records of works registered, now called the Catalog
of Copyright Entries, published in book form for the first time in July
1891.
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- January 6, 1897
- Music protected against unauthorized public performance.
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- February 19, 1897
- Copyright Office established as a separate department of the Library of
Congress. Position of Register of Copyrights created.
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- July 1, 1909
- Effective date of third general revision of the copyright law. Admission
of certain classes of unpublished works to copyright registration. Term
of statutory protection for a work copyrighted in published form measured
from the date of publication of the work. Renewal term extended from 14
to 28 years.
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- August 24, 1912
- Motion pictures, previously registered as photographs, added to
- classes of protected works.
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- July 13, 1914
- President Wilson proclaimed U.S. adherence to Buenos Aires Copyright Convention
of 1910, establishing convention protection between the United States and
certain Latin American nations.
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- July 1, 1940
- Effective date of transfer of jurisdiction for the registration of commercial
prints and labels from the Patent Office to the Copyright Office.
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- July 30, 1947
- Copyright law codified into positive law as title 17 of the U.S. Code.
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- January 1, 1953
- Recording and performing rights extended to nondramatic literary works.
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- September 16, 1955
- Effective date of the coming into force in the United States of the Universal
Copyright Convention as signed at Geneva, Switzerland, on September 6, 1952.
Proclaimed by President Eisenhower. Also, date of related changes in title
17 of the U.S. Code.
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- September 19, 1962
- First of nine special acts extending terms of subsisting renewal copyrights
pending Congressional action on general copyright law revision.
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- February 15, 1972
- Effective date of act extending limited copyright protection to sound
recordings fixed and first published on or after this date.
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- March 10, 1974
- United States became a member of the Convention for the Protection of
Producers of Phonograms Against Unauthorized Duplication of Their Phonograms,
which came into force on April 18, 1973.
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- July 10, 1974
- United States became party to the 1971 revision of the Universal Copyright
Convention as revised at Paris, France.
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- October 19, 1976
- Fourth general revision of the copyright law signed by President Ford.
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- January 1, 1978
- Effective date of principal provisions of the 1976 copyright law. The
term of protection for works created on or after this date consists of the
life of the author and 50 years after the author's death. Numerous other
provisions modernized the law.
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- December 12, 1980
- Copyright law amended regarding computer programs.
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- May 24, 1982
- Section 506(a) amended to provide that persons who infringe copyright
willfully and for purposes of commercial advantage or private financial
gain shall be punished as provided in Section 2319 of title 18 of the U.S.
Code, "Crimes and Criminal Procedure."
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- October 4, 1984
- Effective date of Record Rental Amendments of 1984. Grants the owner of
copyright in a sound recording the right to authorize or prohibit the rental,
lease, or lending of phonorecords for direct or indirect commercial purposes.
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- November 8, 1984
- Federal statutory protection for mask works became available under the
Semiconductor Chip Protection Act with the Copyright Office assuming administrative
responsibility. Copyright Office began registration of claims to protection
on January 7, 1985.
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- June 30, 1986
- Manufacturing clause of the Copyright Act expired.
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- March 1, 1989
- United States adhered to the Berne Convention for the Protection of Literary
and Artistic Works.
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- November 15, 1990
- Section 511 added to copyright law. Provided that states and state employees
and instrumentalities are not immune under the Eleventh Amendment from suit
for copyright infringement.
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- December 1, 1990
- Effective date of the Computer Software Rental Amendments Act of 1990.
Grants the owner of copyright in computer programs the exclusive right to
authorize or prohibit the rental, lease, or lending of the program for direct
or indirect commercial purposes.
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- December 1, 1990
- Protection extended to architectural works. Section 106A added to copyright
law by Visual Artists Rights Act of 1990. Granted to visual artists certain
moral rights of attribution and integrity.
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- June 26, 1992
- Renewal registration became optional. Works copyrighted between January
1, 1964, and December 31, 1977, automatically renewed even if registration
not made.
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- October 28, 1992
- Digital Audio Home Recording Act required serial copy management systems
in digital audio recorders and imposed royalties on sale of digital audio
recording devices and media. Royalties are collected, invested, and distributed
among the owners of sound recording and musical compositions, certain performing
artists, and/or their representatives. Clarified legality of home taping
of analog and digital sound recordings for private noncommercial use.
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- December 8, 1993
- North American Free Trade Agreement Implementation Act (NAFTA) extended
retroactive copyright protection to certain motion pictures first fixed
in Canada or Mexico between January 1, 1978, and March 1, 1989, and published
anywhere without a copyright notice; and/or to any work embodied in them;
made permanent the prohibition of sound recordings rental.
- December 17, 1993
- Copyright Royalty Tribunal Reform Act of 1993 eliminated the CRT and replaced
it with ad hoc Copyright Arbitration Royalty Panels administered by the
Librarian of Congress and the Copyright Office.
December 8, 1994
Uruguay Round Agreements Act restored copyright to certain foreign works
under protection in the source country but in the public domain in the United
States; repealed sunset of the Software Rental Amendments Act of 1990; and
created legal measures to prohibit the unauthorized fixation and trafficking
in sound recordings of live musical performances and music videos.
November 16, 1997
The No Electronic Theft Act defined “financial gain” in relation
to copyright infringement and set penalties for willfully infringing a copyright
either for purposes of commercial advantage or private financial gain or
by reproducing or distributing, including by electronic means phonorecords
of a certain value.
October 27, 1998
The Sonny Bono Copyright Term Extension Act extended the term of copyright
protection for most works to the life of the author plus 70 years after
the author's death.
October 28, 1998
The Digital Millennium Copyright Act provided for the implementation of
the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty;
limited certain online infringement liability for Internet service providers;
created an exemption permitting a temporary reproduction of a computer program
made by activating a computer in the course of maintenance or repair; clarified
the policy role of the Copyright Office; and created a form of protection
for vessel hulls.
Further Information
The Copyright Office is open to the public Monday-Friday, 8:30 a.m. to 5
p.m., eastern time, except federal holidays. The Copyright Office is located
in the Library of Congress, James Madison Memorial Building, 101 Independence
Ave., S.E., Washington, D.C., near the Capitol South Metro stop. The Public
Information Office is in LM-401, and information specialists are available
to answer questions, provide circulars, and accept applications for registration.
Access for disabled individuals is at the front door on Independence Ave.,
S.E.
Telephone
Public Information Office: (202) 707-3000 Information specialists
are on duty to answer questions by phone from 8:30 a.m. to 5 p.m., eastern
Time, Monday-Friday except Federal holidays. Recorded information is also
available.
Forms and Publications Hotline: (202) 707-9100 The Forms
and Publications Hotline is available 24 hours a day, seven days a week. Use
this number to request application forms for registration or informational
circulars if you know which forms or circulars you want. If you are unsure
which form or circular to order, please call the Public Information Office.
Fax-on-Demand: (202) 707-2600 Call from any touchtone phone
to order up to three circulars and/or announcements via fax. Key in your fax
number at the prompt and the document number of the item(s) you want. The
items(s) will be transmitted to your fax machine. If you do not know the document
number of the item(s) you want, you may request that a menu be faxed to you.
Applications forms are not available via fax.
TTY: (202) 707-6737 Messages may be left on the TTY line
24 hours a day. Calls are returned between 8:30 a.m. and 5 p.m., eastern time,
Monday-Friday, except federal holidays.
Mailing Address
Copyright Office
Library of Congress
101 Independence Ave, S.E.
Washington, D.C. 20559-6000
Circulars, announcements, regulations, other related materials, and all copyright
application forms are available on the Copyright Office website at www.copyright.gov.
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