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From the Copyright Office - Temporary Relief for Claims with Physical Deposits

IMPORTANT NOTE REGARDING ELECTRONIC APPLICATIONS WITH PHYSICAL DEPOSITS (April 2, 2020)

Due to the COVID-19 pandemic, Library of Congress buildings are closed to the public, and the U.S. Copyright Office has implemented extended telework requirements to reduce the number of onsite staff. To mitigate the effect of this temporary closure on the examination of electronic applications accompanied by physical deposits, the Office is establishing the following interim rules:


For Applications Filed before April 2, 2020

The Office may contact applicants who have filed an electronic application for which a physical deposit copy has been submitted and received by the Office to offer the applicant the option of providing an additional electronic copy of the work so the Office can examine the claim remotely. This process is only available when the registration specialist assigned to the claim contacts the applicant, offers the option, and enables the upload function to allow for an upload to be associated with the application.


If the applicant agrees to use this option, the applicant must submit both an electronic deposit copy and a declaration form, under penalty of perjury, stating that the electronic copy is identical to the physical copy previously submitted. This document may be uploaded in the same manner as the electronic deposit copy. The registration specialist assigned to the claim will send a declaration form to the applicant and will provide the applicant with instructions for uploading the completed declaration and the deposit to the appropriate claim.


If the applicant cannot, or prefers not to, submit an electronic copy of the deposit, the Office will examine the claim once registration specialists resume in-Office examination. Although examination of the claim will be delayed, the effective date of registration will generally be the date that the Office received the application, fee, and physical deposit.


For Applications Filed on or after April 2, 2020

For newly submitted electronic applications for published works that require the submission of "best edition" physical copies of the deposit, the applicant will have the option of uploading an electronic copy of the work in addition to mailing the required physical copies. Applicants who use this option must submit both an electronic deposit copy and a declaration form, under penalty of perjury, stating that the electronic copy is identical to the required physical copies that the applicant will mail to the Office together with the shipping slip generated in eCO. Applicants may use the declaration form provided here. This document may be uploaded in the same manner as the electronic deposit copy. If an applicant decides to use this option, registration specialists will be able to examine the claim remotely once they receive the application, fee, electronic deposit copy, and declaration.


If the applicant cannot, or prefers not to, submit an electronic copy of the deposit, the Office will examine the claim once registration specialists resume in-Office examination. Although examination of the claim will be delayed, the effective date of registration will generally be the date that the Office received the application, fee, and physical deposits.


THIS OPTION IS NOT AVAILABLE TO APPLICANTS SUBMITTING PAPER APPLICATIONS.

For applicants filing electronic applications for which physical copies are not required to be submitted, the Office strongly encourages the submission of electronic deposits.

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