US (United States) Code. Title 17. Chapter 7: Copyright Office

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Copyrights

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-CITE-

17 USC CHAPTER 7 - COPYRIGHT OFFICE 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

.

-HEAD-

CHAPTER 7 - COPYRIGHT OFFICE

-MISC1-

Sec.

701. The Copyright Office: General responsibilities and

organization.

702. Copyright Office regulations.

703. Effective date of actions in Copyright Office.

704. Retention and disposition of articles deposited in Copyright

Office.

705. Copyright Office records: Preparation, maintenance, public

inspection, and searching.

706. Copies of Copyright Office records.

707. Copyright Office forms and publications.

708. Copyright Office fees.

709. Delay in delivery caused by disruption of postal or other

services.

(710. Repealed.)

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476

Chapter 7 entitled ''Copyright Office,'' sets forth the

administrative and housekeeping provisions of the bill.

Administrative Procedure Act. Under an amendment to section 701

adopted by the Committee, the Copyright Office is made fully

subject to the Administrative Procedure Act (5 U.S.C. 551 et seq.

and 701 et seq.) with one exception: under section 706(b),

reproduction and distribution of copyright deposit copies would be

made under the Freedom of Information Act (5 U.S.C. 552) only to

the extent permitted by the Copyright Office regulations.

Retention and Disposition of Deposited Articles. A recurring

problem in the administration of the copyright law has been the

need to reconcile the storage limitations of the Copyright Office

with the continued value of deposits in identifying copyrighted

works. Aside from its indisputable utility to future historians

and scholars, a substantially complete collection of both published

and unpublished deposits, other than those selected by the Library

of Congress, would avoid the many difficulties encountered when

copies needed for identification in connection with litigation or

other purposes have been destroyed. The basic policy behind

section 704 is that copyright deposits should be retained as long

as possible, but that the Register of Copyrights and the Librarian

of Congress should be empowered to dispose of them under

appropriate safeguards when they decide that it has become

necessary to do so.

Under subsection (a) of section 704, any copy, phonorecord, or

identifying material deposited for registration, whether registered

or not, becomes ''the property of the United States Government.''

This means that the copyright owner or person who made the deposit

cannot demand its return as a matter of right, even in rejection

cases, although the provisions of section 407 and 408 are flexible

enough to allow for special arrangements in exceptional cases. On

the other hand, Government ownership of deposited articles under

section 704(a) carries with it no privileges under the copyright

itself; use of a deposited article in violation of the copyright

owner's exclusive rights would be infringement.

With respect to published works, section 704(b) makes all

deposits available to the Library of Congress ''for its

collections, or for exchanges or transfer to any other library'';

where the work is unpublished, the Library is authorized to select

any deposit for its own collections or for transfer to the National

Archives of the United States or to a Federal records center.

Motion picture producers have expressed some concern lest the

right to transfer copies of works, such as motion pictures, that

have been published under rental, lease, or loan arrangements,

might lead to abuse. However, the Library of Congress has not

knowingly transferred works of this sort to other libraries in the

past, and there is no reason to expect it to do so in the future.

The Committee added a new subsection (c) to section 704, under

which the Register is authorized to make microfilm or other record

copies of copyright deposits before transferring or otherwise

disposing of them.

For deposits not selected by the Library, subsection (d) provides

that they, or ''identifying portions or reproductions of them,''

are to be retained under Copyright Office control ''for the longest

period considered practicable and desirable'' by the Register and

the Librarian. When and if they ultimately decide that retention of

certain deposited articles is no longer ''practicable and

desirable,'' the Register and Librarian have joint discretion to

order their ''destruction or other disposition.'' Because of the

unique value and irreplaceable nature of unpublished deposits, the

subsection prohibits their intentional destruction during their

copyright term, unless a facsimile reproduction has been made.

Subsection (e) of section 704 establishes a new procedure under

which a copyright owner can request retention of deposited material

for the full term of copyright. The Register of Copyrights is

authorized to issue regulations prescribing the fees for this

service and the ''conditions under which such requests are to be

made and granted.''

Catalog of Copyright Entries. Section 707(a) of the bill retains

the present statute's basis requirement that the Register compile

and publish catalogs of all copyright registrations at periodic

intervals, but provides for ''discretion to determine, on the basis

of practicability and usefulness the form and frequency of

publication of each particular part''. This provision will in no

way diminish the utility or value of the present catalogs, and the

flexibility of approach, coupled with use of the new mechanical and

electronic devices now becoming available, will avoid waste and

result in a better product.

Copyright Office Fees. The schedule of fees set out in section

708 reflects a general increase in the fees of the Copyright Office

from those established by the Congress in 1965. The basic fees are

$10 for registration, $6 for renewal registration, $10 for

recordation of documents and $10 per hour for searching. The

section also contains new fee provisions needed because of new

requirements or services established under the bill, and subsection

(a)(11) authorizes the Register to fix additional fees, on the

''basis of the cost of providing the service,'' ''for any other

special services requiring a substantial amount of time or

expense.'' Subsection (b) makes clear that, except for the

possibility of waivers in ''occasional or isolated cases involving

relatively small amounts,'' the Register is to charge fees for

services rendered to other Government agencies.

Postal Interruptions. Section 709 authorizes the Register of

Copyrights to issue regulation to permit the acceptance by the

Copyright Office of documents which are delivered after the close

of the prescribed period if the delay was caused by a general

disruption or suspension of postal or other transportation or

communications services.

Reproductions for the Blind and Handicapped. Section 710 directs

the Register of Copyrights to establish by regulation forms and

procedures by which the copyright owners of certain categories of

works may voluntarily grant to the Library of Congress a license to

reproduce and distribute copies or phonorecords of the work solely

for the use of the blind and physically handicapped.

AMENDMENTS

2000 - Pub. L. 106-379, Sec. 3(a)(1), Oct. 27, 2000, 114 Stat.

1445, struck out item 710 ''Reproduction for use of the blind and

physically handicapped: Voluntary licensing forms and procedures.''

1997 - Pub. L. 105-80, Sec. 12(a)(17), Nov. 13, 1997, 111 Stat.

1535, substituted ''Reproduction'' for ''Reproductions'' in item

710.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 908, 912 of this title.

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17 USC Sec. 701 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 701. The Copyright Office: General responsibilities and

organization

-STATUTE-

(a) All administrative functions and duties under this title,

except as otherwise specified, are the responsibility of the

Register of Copyrights as director of the Copyright Office of the

Library of Congress. The Register of Copyrights, together with the

subordinate officers and employees of the Copyright Office, shall

be appointed by the Librarian of Congress, and shall act under the

Librarian's general direction and supervision.

(b) In addition to the functions and duties set out elsewhere in

this chapter, the Register of Copyrights shall perform the

following functions:

(1) Advise Congress on national and international issues

relating to copyright, other matters arising under this title,

and related matters.

(2) Provide information and assistance to Federal departments

and agencies and the Judiciary on national and international

issues relating to copyright, other matters arising under this

title, and related matters.

(3) Participate in meetings of international intergovernmental

organizations and meetings with foreign government officials

relating to copyright, other matters arising under this title,

and related matters, including as a member of United States

delegations as authorized by the appropriate Executive branch

authority.

(4) Conduct studies and programs regarding copyright, other

matters arising under this title, and related matters, the

administration of the Copyright Office, or any function vested in

the Copyright Office by law, including educational programs

conducted cooperatively with foreign intellectual property

offices and international intergovernmental organizations.

(5) Perform such other functions as Congress may direct, or as

may be appropriate in furtherance of the functions and duties

specifically set forth in this title.

(c) The Register of Copyrights shall adopt a seal to be used on

and after January 1, 1978, to authenticate all certified documents

issued by the Copyright Office.

(d) The Register of Copyrights shall make an annual report to the

Librarian of Congress of the work and accomplishments of the

Copyright Office during the previous fiscal year. The annual

report of the Register of Copyrights shall be published separately

and as a part of the annual report of the Librarian of Congress.

(e) Except as provided by section 706(b) and the regulations

issued thereunder, all actions taken by the Register of Copyrights

under this title are subject to the provisions of the

Administrative Procedure Act of June 11, 1946, as amended (c. 324,

60 Stat. 237, title 5, United States Code, Chapter 5, Subchapter II

and Chapter 7).

(f) The Register of Copyrights shall be compensated at the rate

of pay in effect for level III of the Executive Schedule under

section 5314 of title 5. The Librarian of Congress shall establish

not more than four positions for Associate Registers of Copyrights,

in accordance with the recommendations of the Register of

Copyrights. The Librarian shall make appointments to such positions

after consultation with the Register of Copyrights. Each Associate

Register of Copyrights shall be paid at a rate not to exceed the

maximum annual rate of basic pay payable for GS-18 of the General

Schedule under section 5332 of title 5.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2591;

Pub. L. 101-319, Sec. 2(b), July 3, 1990, 104 Stat. 290; Pub. L.

105-304, title IV, Sec. 401(a)(2), (b), Oct. 28, 1998, 112 Stat.

2887.)

-REFTEXT-

REFERENCES IN TEXT

The Administrative Procedure Act of June 11, 1946, referred to in

subsec. (e), was repealed and the provisions thereof were reenacted

as subchapter II of chapter 5, and chapter 7, of Title 5,

Government Organization and Employees, by Pub. L. 89-554, Sept. 6,

1966, 80 Stat. 278.

-MISC2-

AMENDMENTS

1998 - Subsecs. (b) to (e). Pub. L. 105-304, Sec. 401(b)(1),

added subsec. (b) and redesignated former subsecs. (b) to (d) as

(c) to (e), respectively. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 105-304 redesignated subsec. (e) as (f) and

substituted ''III'' for ''IV'' and ''5314'' for ''5315'' in first

sentence.

1990 - Subsec. (e). Pub. L. 101-319 added subsec. (e).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5 of Pub. L. 101-319 provided that:

''(a) Effective Date. - The amendments made by this Act (amending

this section and section 802 of this title and sections 5315 and

5316 of Title 5, Government Organization and Employees, and

enacting provisions set out as a note under section 101 of this

title) shall take effect on the date of the enactment of this Act

(July 3, 1990).

''(b) Budget Act. - Any new spending authority (within the

meaning of section 401 of the Congressional Budget Act of 1974 (2

U.S.C. 651)) which is provided under this Act shall be effective

for any fiscal year only to the extent or in such amounts as are

provided in appropriations Acts.''

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

NATIONAL COMMISSION ON NEW TECHNOLOGICAL USES OF COPYRIGHTED WORKS

Pub. L. 93-573, title II, Sec. 201-208, Dec. 31, 1974, 88 Stat.

1873-1875, as amended by Pub. L. 94-314, June 21, 1976, 90 Stat.

692; Pub. L. 95-146, Oct. 28, 1977, 91 Stat. 1226, created in the

Library of Congress a National Commission on New Technological Uses

of Copyrighted Works to study and compile data on (1) the

reproduction and use of copyrighted works of authorship (A) in

conjunction with automatic systems capable of storing, processing,

retrieving, and transferring information, and (B) by various forms

of machine reproduction, not including reproduction by or at the

request of instructors for use in face-to-face teaching activities,

and (2) the creation of new works by the application or

intervention of such automatic systems or machine reproduction,

required the Commission to submit a final report to the President

and Congress on or before July 31, 1978, and provided that the

Commission terminated the sixtieth day after submitting the final

report.

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17 USC Sec. 702 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 702. Copyright Office regulations

-STATUTE-

The Register of Copyrights is authorized to establish regulations

not inconsistent with law for the administration of the functions

and duties made the responsibility of the Register under this

title. All regulations established by the Register under this

title are subject to the approval of the Librarian of Congress.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2591.)

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17 USC Sec. 703 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 703. Effective date of actions in Copyright Office

-STATUTE-

In any case in which time limits are prescribed under this title

for the performance of an action in the Copyright Office, and in

which the last day of the prescribed period falls on a Saturday,

Sunday, holiday, or other nonbusiness day within the District of

Columbia or the Federal Government, the action may be taken on the

next succeeding business day, and is effective as of the date when

the period expired.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2591.)

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17 USC Sec. 704 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 704. Retention and disposition of articles deposited in

Copyright Office

-STATUTE-

(a) Upon their deposit in the Copyright Office under sections 407

and 408, all copies, phonorecords, and identifying material,

including those deposited in connection with claims that have been

refused registration, are the property of the United States

Government.

(b) In the case of published works, all copies, phonorecords, and

identifying material deposited are available to the Library of

Congress for its collections, or for exchange or transfer to any

other library. In the case of unpublished works, the Library is

entitled, under regulations that the Register of Copyrights shall

prescribe, to select any deposits for its collections or for

transfer to the National Archives of the United States or to a

Federal records center, as defined in section 2901 of title 44.

(c) The Register of Copyrights is authorized, for specific or

general categories of works, to make a facsimile reproduction of

all or any part of the material deposited under section 408, and to

make such reproduction a part of the Copyright Office records of

the registration, before transferring such material to the Library

of Congress as provided by subsection (b), or before destroying or

otherwise disposing of such material as provided by subsection (d).

(d) Deposits not selected by the Library under subsection (b), or

identifying portions or reproductions of them, shall be retained

under the control of the Copyright Office, including retention in

Government storage facilities, for the longest period considered

practicable and desirable by the Register of Copyrights and the

Librarian of Congress. After that period it is within the joint

discretion of the Register and the Librarian to order their

destruction or other disposition; but, in the case of unpublished

works, no deposit shall be knowingly or intentionally destroyed or

otherwise disposed of during its term of copyright unless a

facsimile reproduction of the entire deposit has been made a part

of the Copyright Office records as provided by subsection (c).

(e) The depositor of copies, phonorecords, or identifying

material under section 408, or the copyright owner of record, may

request retention, under the control of the Copyright Office, of

one or more of such articles for the full term of copyright in the

work. The Register of Copyrights shall prescribe, by regulation,

the conditions under which such requests are to be made and

granted, and shall fix the fee to be charged under section

708(a)(10) if the request is granted.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2591;

Pub. L. 101-318, Sec. 2(c), July 3, 1990, 104 Stat. 288.)

-MISC1-

AMENDMENTS

1990 - Subsec. (e). Pub. L. 101-318 substituted ''708(a)(10)''

for ''708(a)(11)''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-318 effective 6 months after July 3,

1990, and applicable to (A) claims to original, supplementary, and

renewal copyright received for registration, and to items received

for recordation in Copyright Office, on or after such effective

date, and (B) other requests for services received on or after such

effective date, or received before such effective date for services

not yet rendered as of such date, and with claims to original,

supplementary, and renewal copyright received for registration and

items received for recordation in acceptable form in Copyright

Office before such effective date, and requests for services which

are rendered before such effective date, to be governed by section

708 of this title as in effect before such effective date, see

section 2(d) of Pub. L. 101-318, set out as a note under section

708 of this title.

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17 USC Sec. 705 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 705. Copyright Office records: Preparation, maintenance,

public inspection, and searching

-STATUTE-

(a) The Register of Copyrights shall ensure that records of

deposits, registrations, recordations, and other actions taken

under this title are maintained, and that indexes of such records

are prepared.

(b) Such records and indexes, as well as the articles deposited

in connection with completed copyright registrations and retained

under the control of the Copyright Office, shall be open to public

inspection.

(c) Upon request and payment of the fee specified by section 708,

the Copyright Office shall make a search of its public records,

indexes, and deposits, and shall furnish a report of the

information they disclose with respect to any particular deposits,

registrations, or recorded documents.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2592;

Pub. L. 106-379, Sec. 3(a)(2), Oct. 27, 2000, 114 Stat. 1445.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-379 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''The

Register of Copyrights shall provide and keep in the Copyright

Office records of all deposits, registrations, recordations, and

other actions taken under this title, and shall prepare indexes of

all such records.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104A, 708 of this title.

-CITE-

17 USC Sec. 706 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 706. Copies of Copyright Office records

-STATUTE-

(a) Copies may be made of any public records or indexes of the

Copyright Office; additional certificates of copyright registration

and copies of any public records or indexes may be furnished upon

request and payment of the fees specified by section 708.

(b) Copies or reproductions of deposited articles retained under

the control of the Copyright Office shall be authorized or

furnished only under the conditions specified by the Copyright

Office regulations.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2592.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701, 708 of this title.

-CITE-

17 USC Sec. 707 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 707. Copyright Office forms and publications

-STATUTE-

(a) Catalog of Copyright Entries. - The Register of Copyrights

shall compile and publish at periodic intervals catalogs of all

copyright registrations. These catalogs shall be divided into

parts in accordance with the various classes of works, and the

Register has discretion to determine, on the basis of

practicability and usefulness, the form and frequency of

publication of each particular part.

(b) Other Publications. - The Register shall furnish, free of

charge upon request, application forms for copyright registration

and general informational material in connection with the functions

of the Copyright Office. The Register also has the authority to

publish compilations of information, bibliographies, and other

material he or she considers to be of value to the public.

(c) Distribution of Publications. - All publications of the

Copyright Office shall be furnished to depository libraries as

specified under section 1905 of title 44, and, aside from those

furnished free of charge, shall be offered for sale to the public

at prices based on the cost of reproduction and distribution.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2592.)

-CITE-

17 USC Sec. 708 01/06/03

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TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 708. Copyright Office fees

-STATUTE-

(a) Fees. - Fees shall be paid to the Register of Copyrights -

(1) on filing each application under section 408 for

registration of a copyright claim or for a supplementary

registration, including the issuance of a certificate of

registration if registration is made;

(2) on filing each application for registration of a claim for

renewal of a subsisting copyright under section 304(a), including

the issuance of a certificate of registration if registration is

made;

(3) for the issuance of a receipt for a deposit under section

407;

(4) for the recordation, as provided by section 205, of a

transfer of copyright ownership or other document;

(5) for the filing, under section 115(b), of a notice of

intention to obtain a compulsory license;

(6) for the recordation, under section 302(c), of a statement

revealing the identity of an author of an anonymous or

pseudonymous work, or for the recordation, under section 302(d),

of a statement relating to the death of an author;

(7) for the issuance, under section 706, of an additional

certificate of registration;

(8) for the issuance of any other certification; and

(9) for the making and reporting of a search as provided by

section 705, and for any related services.

The Register is authorized to fix fees for other services,

including the cost of preparing copies of Copyright Office records,

whether or not such copies are certified, based on the cost of

providing the service.

(b) Adjustment of Fees. - The Register of Copyrights may, by

regulation, adjust the fees for the services specified in

paragraphs (1) through (9) of subsection (a) in the following

manner:

(1) The Register shall conduct a study of the costs incurred by

the Copyright Office for the registration of claims, the

recordation of documents, and the provision of services. The

study shall also consider the timing of any adjustment in fees

and the authority to use such fees consistent with the budget.

(2) The Register may, on the basis of the study under paragraph

(1), and subject to paragraph (5), adjust fees to not more than

that necessary to cover the reasonable costs incurred by the

Copyright Office for the services described in paragraph (1),

plus a reasonable inflation adjustment to account for any

estimated increase in costs.

(3) Any fee established under paragraph (2) shall be rounded

off to the nearest dollar, or for a fee less than $12, rounded

off to the nearest 50 cents.

(4) Fees established under this subsection shall be fair and

equitable and give due consideration to the objectives of the

copyright system.

(5) If the Register determines under paragraph (2) that fees

should be adjusted, the Register shall prepare a proposed fee

schedule and submit the schedule with the accompanying economic

analysis to the Congress. The fees proposed by the Register may

be instituted after the end of 120 days after the schedule is

submitted to the Congress unless, within that 120-day period, a

law is enacted stating in substance that the Congress does not

approve the schedule.

(c) The fees prescribed by or under this section are applicable

to the United States Government and any of its agencies, employees,

or officers, but the Register of Copyrights has discretion to waive

the requirement of this subsection in occasional or isolated cases

involving relatively small amounts.

(d)(1) Except as provided in paragraph (2), all fees received

under this section shall be deposited by the Register of Copyrights

in the Treasury of the United States and shall be credited to the

appropriations for necessary expenses of the Copyright Office. Such

fees that are collected shall remain available until expended. The

Register may, in accordance with regulations that he or she shall

prescribe, refund any sum paid by mistake or in excess of the fee

required by this section.

(2) In the case of fees deposited against future services, the

Register of Copyrights shall request the Secretary of the Treasury

to invest in interest-bearing securities in the United States

Treasury any portion of the fees that, as determined by the

Register, is not required to meet current deposit account demands.

Funds from such portion of fees shall be invested in securities

that permit funds to be available to the Copyright Office at all

times if they are determined to be necessary to meet current

deposit account demands. Such investments shall be in public debt

securities with maturities suitable to the needs of the Copyright

Office, as determined by the Register of Copyrights, and bearing

interest at rates determined by the Secretary of the Treasury,

taking into consideration current market yields on outstanding

marketable obligations of the United States of comparable

maturities.

(3) The income on such investments shall be deposited in the

Treasury of the United States and shall be credited to the

appropriations for necessary expenses of the Copyright Office.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2593;

Pub. L. 95-94, title IV, Sec. 406(b), Aug. 5, 1977, 91 Stat. 682;

Pub. L. 97-366, Sec. 1, Oct. 25, 1982, 96 Stat. 1759; Pub. L.

101-318, Sec. 2(a), (b), July 3, 1990, 104 Stat. 287, 288; Pub. L.

102-307, title I, Sec. 102(f), June 26, 1992, 106 Stat. 266; Pub.

L. 105-80, Sec. 7, Nov. 13, 1997, 111 Stat. 1532; Pub. L. 106-379,

Sec. 3(a)(3), Oct. 27, 2000, 114 Stat. 1445.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-379, Sec. 3(a)(3)(A), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''The following fees shall be paid to the Register of

Copyrights:

''(1) on filing each application under section 408 for

registration of a copyright claim or for a supplementary

registration, including the issuance of a certificate of

registration if registration is made, $20;

''(2) on filing each application for registration of a claim

for renewal of a subsisting copyright under section 304(a),

including the issuance of a certificate of registration if

registration is made, $20;

''(3) for the issuance of a receipt for a deposit under section

407, $4;

''(4) for the recordation, as provided by section 205, of a

transfer of copyright ownership or other document covering not

more than one title, $20; for additional titles, $10 for each

group of not more than 10 titles;

''(5) for the filing, under section 115(b), of a notice of

intention to obtain a compulsory license, $12;

''(6) for the recordation, under section 302(c), of a statement

revealing the identity of an author of an anonymous or

pseudonymous work, or for the recordation, under section 302(d),

of a statement relating to the death of an author, $20 for a

document covering not more than one title; for each additional

title, $2;

''(7) for the issuance, under section 706, of an additional

certificate of registration, $8;

''(8) for the issuance of any other certification, $20 for each

hour or fraction of an hour consumed with respect thereto;

''(9) for the making and reporting of a search as provided by

section 705, and for any related services, $20 for each hour or

fraction of an hour consumed with respect thereto; and

''(10) for any other special services requiring a substantial

amount of time or expense, such fees as the Register of

Copyrights may fix on the basis of the cost of providing the

service.

The Register of Copyrights is authorized to fix the fees for

preparing copies of Copyright Office records, whether or not such

copies are certified, on the basis of the cost of such

preparation.''

Subsec. (b). Pub. L. 106-379, Sec. 3(a)(3)(B)(i), inserted

introductory provisions and struck out former introductory

provisions which read as follows: ''In calendar year 1997 and in

any subsequent calendar year, the Register of Copyrights, by

regulation, may increase the fees specified in subsection (a) in

the following manner:''.

Subsec. (b)(1). Pub. L. 106-379, Sec. 3(a)(3)(B)(ii), substituted

''adjustment'' for ''increase''.

Subsec. (b)(2). Pub. L. 106-379, Sec. 3(a)(3)(B)(iii),

substituted ''adjust fees to not more'' for ''increase fees to not

more''.

Subsec. (b)(5). Pub. L. 106-379, Sec. 3(a)(3)(B)(iv), substituted

''adjusted'' for ''increased''.

1997 - Subsec. (b). Pub. L. 105-80, Sec. 7(a), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

''In calendar year 1995 and in each subsequent fifth calendar year,

the Register of Copyrights, by regulation, may increase the fees

specified in subsection (a) by the percent change in the annual

average, for the preceding calendar year, of the Consumer Price

Index published by the Bureau of Labor Statistics, over the annual

average of the Consumer Price Index for the fifth calendar year

preceding the calendar year in which such increase is authorized.''

Subsec. (d). Pub. L. 105-80, Sec. 7(b), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''All

fees received under this section shall be deposited by the Register

of Copyrights in the Treasury of the United States and shall be

credited to the appropriation for necessary expenses of the

Copyright Office. The Register may, in accordance with regulations

that he or she shall prescribe, refund any sum paid by mistake or

in excess of the fee required by this section.''

1992 - Subsec. (a)(2). Pub. L. 102-307 struck out ''in its first

term'' after ''copyright'' and substituted ''$20'' for ''$12''.

1990 - Subsec. (a). Pub. L. 101-318, Sec. 2(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''The following fees shall be paid to the Register of Copyrights:

''(1) on filing each application for registration of a

copyright claim or a supplementary registration under section

408, including the issuance of a certificate of registration if

registration is made, $10;

''(2) on filing each application for registration of a claim to

renewal of a subsisting copyright in its first term under section

304(a), including the issuance of a certificate of registration

if registration is made, $6;

''(3) for the issuance of a receipt for a deposit under section

407, $2;

''(4) for the recordation, as provided by section 205, of a

transfer of copyright ownership or other document of six pages or

less, covering no more than one title, $10; for each page over

six and each title over one, 50 cents additional;

''(5) for the filing, under section 115(b), of a notice of

intention to make phonorecords, $6;

''(6) for the recordation, under section 302(c), of a statement

revealing the identity of an author of an anonymous or

pseudonymous work, or for the recordation, under section 302(d),

of a statement relating to the death of an author, $10 for a

document of six pages or less, covering no more than one title;

for each page over six and for each title over one, $1

additional;

''(7) for the issuance, under section 601, of an import

statement, $3;

''(8) for the issuance, under section 706, of an additional

certificate of registration, $4;

''(9) for the issuance of any other certification, $4; the

Register of Copyrights has discretion, on the basis of their

cost, to fix the fees for preparing copies of Copyright Office

records, whether they are to be certified or not;

''(10) for the making and reporting of a search as provided by

section 705, and for any related services, $10 for each hour or

fraction of an hour consumed;

''(11) for any other special services requiring a substantial

amount of time or expense, such fees as the Register of

Copyrights may fix on the basis of the cost of providing the

service.''

Subsecs. (b) to (d). Pub. L. 101-318, Sec. 2(b), added subsec.

(b) and redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

1982 - Subsec. (a)(1). Pub. L. 97-366, Sec. 1(1), substituted

provision for a $10 fee on filing each application for registration

of a copyright claim or a supplementary registration under section

408, including the issuance of a certificate of registration if

registration is made, for provision for a $10 fee for the

registration of a copyright claim or a supplementary registration

under section 408, including the issuance of a certificate of

registration.

Subsec. (a)(2). Pub. L. 97-366, Sec. 1(1), substituted provision

for a $6 fee on filing each application for registration of a claim

to renewal of a subsisting copyright in its first term under

section 304(a), including the issuance of a certificate of

registration if registration is made, for provision for a $6 fee

for the registration of a claim to renewal of a subsisting

copyright in its first term under section 304(a), including the

issuance of a certificate of registration.

Subsec. (c). Pub. L. 97-366, Sec. 1(2), struck out provision

that, before making a refund in any case involving a refusal to

register a claim under section 410(b), the Register could deduct

all or any part of the prescribed registration fee to cover the

reasonable administrative costs of processing the claim.

1977 - Subsec. (c). Pub. L. 95-94 substituted provisions relating

to crediting of all fees received, to the appropriation for

necessary expenses of the Copyright Office, for provisions relating

to crediting of all fees received in the manner directed by the

Secretary of the Treasury.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-379, Sec. 3(c)(1), Oct. 27, 2000, 114 Stat. 1445,

provided that: ''The amendments made by this section (amending this

section and sections 121 and 705 of this title and repealing

section 710 of this title) shall take effect on the date of the

enactment of this Act (Oct. 27, 2000).''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-307 effective June 26, 1992, but

applicable only to copyrights secured between January 1, 1964, and

December 31, 1977, and not affecting court proceedings pending on

June 26, 1992, with copyrights secured before January 1, 1964,

governed by section 304(a) of this title as in effect on the day

before June 26, 1992, except each reference to forty-seven years in

such provisions deemed to be 67 years, see section 102(g) of Pub.

L. 102-307, as amended, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 2(d) of Pub. L. 101-318 provided that:

''(1) In general. - The amendments made by this section (amending

this section and section 704 of this title) shall take effect 6

months after the date of the enactment of this Act (July 3, 1990)

and shall apply to -

''(A) claims to original, supplementary, and renewal copyright

received for registration, and to items received for recordation

in the Copyright Office, on or after such effective date, and

''(B) other requests for services received on or after such

effective date, or received before such effective date for

services not yet rendered as of such date.

''(2) Prior claims. - Claims to original, supplementary, and

renewal copyright received for registration and items received for

recordation in acceptable form in the Copyright Office before the

effective date set forth in paragraph (1), and requests for

services which are rendered before such effective date shall be

governed by section 708 of title 17, United States Code, as in

effect before such effective date.''

EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITIONAL RULE

Section 2 of Pub. L. 97-366 provided that: ''This Act (amending

this section, section 110 of this title, and section 3 of Title 35,

Patents) shall take effect thirty days after its enactment (Oct.

25, 1982) and shall apply to claims to original, supplementary, and

renewal copyright received for registration in the Copyright Office

on or after the effective date. Claims to original, supplementary,

and renewal copyright received for registration in acceptable form

in the Copyright Office before the effective date shall be governed

by the provisions of section 708(a)(1) and (2) in effect prior to

this enactment.''

EFFECTIVE DATE OF 1977 AMENDMENT

Section 406(b) of Pub. L. 95-94 provided that the amendment made

by that section is effective Jan. 1, 1978.

CARRY-OVER OF EXISTING FEES

Pub. L. 106-379, Sec. 3(c)(2), Oct. 27, 2000, 114 Stat. 1446,

provided that: ''The fees under section 708(a) of title 17, United

States Code, on the date of the enactment of this Act (Oct. 27,

2000) shall be the fees in effect under section 708(a) of such

title on the day before such date of enactment.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104A, 205, 407, 408, 704,

705, 706, 908 of this title.

-CITE-

17 USC Sec. 709 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

Sec. 709. Delay in delivery caused by disruption of postal or other

services

-STATUTE-

In any case in which the Register of Copyrights determines, on

the basis of such evidence as the Register may by regulation

require, that a deposit, application, fee, or any other material to

be delivered to the Copyright Office by a particular date, would

have been received in the Copyright Office in due time except for a

general disruption or suspension of postal or other transportation

or communications services, the actual receipt of such material in

the Copyright Office within one month after the date on which the

Register determines that the disruption or suspension of such

services has terminated, shall be considered timely.

-SOURCE-

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2594.)

-CITE-

17 USC Sec. 710 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 7 - COPYRIGHT OFFICE

-HEAD-

(Sec. 710. Repealed. Pub. L. 106-379, Sec. 3(a)(1), Oct. 27, 2000,

114 Stat. 1445)

-MISC1-

Section, Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90

Stat. 2594, related to forms and procedures for granting the

Library of Congress licenses to reproduce works for the blind and

physically handicapped.

-CITE-