U.S. Copyright Office
Library of Congress
Information Circular

Circular 7c


The Effects of Not Replying Within 120 Days to Copyright Office Correspondence


Table of Contents

 

IN THE EVENT YOU DO NOT REPLY WITHIN 120 DAYS

  • The case file will be closed without further notification.
  • Any published deposit you submitted may be made available to the Library of Congress for use or disposition under the provisions of the copyright law, 17 U.S.C. sections 407 and 704.
  • Any unpublished deposit or document you submitted will be returned.
  • Your filing fee will not be returned.

THE CONSEQUENCES OF A CLOSED FILE

  • If we close a file and you later re-apply for registration or recordation, you will be required to submit a new application, deposit, and fee or original document and fee.
  • The effective date of registration will be based on the new, later submission.
  • The benefits of a first-term renewal registration may be lost.


THE SIGNIFICANCE OF THE EFFECTIVE DATE OF REGISTRATION

Though registration is not a condition for securing copyright, delaying the effective date of registration can have serious consequences. In an infringement suit, the court may not award statutory damages or attorney's fees if the infringement started before the effective date of registration—unless, for published works, registration was made within a grace period of 3 months following publication and the infringement started after first publication.

RECORDATION OF TRANSFERS OR DOCUMENTS

Also, while the recordation of a transfer or document pertaining to a copyright is not mandatory, it does constitute constructive notice of ownership of rights, if the statutory time limits and conditions are satisfied.

Rev: January 2000

Format Note:

This electronic version has been altered slightly from the original printed text for presentation on the World Wide Web.  For a copy of the original circular, consult the PDF version or write to Copyright Office, 101 Independence Avenue S.E., Washington, D.C.  20559-6000.



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U.S. Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000
(202) 707-3000