605.6(D) Letters
The deadline for responding to a letter from a registration specialist is forty-five calendar days. This deadline is calculated from the date set forth in the reply sheet that is enclosed with the letter.
605.7 Application Closed Following a Failure to Respond to the U.S. Copyright Office
When a registration specialist communicates with an applicant concerning an issue with the registration materials, the applicant must respond before the deadlines specified in Section 605.6, depending upon the nature of the communication from the U.S. Copyright Office. In most cases the Office will close the file if a response is not received by the deadline. In special cases, the Office will consider a reasonable request for an extension of time if the request is received prior to the original deadline.
If the applicant wishes to proceed with an application after the file has been closed, the applicant must reapply for registration by submitting a new application, filing fee, and deposit copy(ies). The effective date of registration will be based on the date that the new submission is received by the Office.
When a file has been closed for a failure to respond to a written communication from the Office in a timely manner, the filing fee will not be refunded and, the deposit copy(ies) will not be returned to the applicant.
If the applicant uploaded an electronic copy or phonorecord of a work through the electronic registration system, the deposit copy(ies) will remain in the registration record. If the applicant submitted a physical copy or phonorecord of a published work, the Library of Congress may select the copy(ies) for its collections. If the Library does not select the work for use in its collection, the deposit copy(ies) may be offered to another agency, library, or nonprofit institution, or they may be retained by the Office for a scheduled period of time.
NOTE: The practices set forth in Sections 605.6 and 605.7 supersede the practice announced November 3, 1980, concerning the deadline for responding to communications from the Office (www.copyright.gov/history/mls/ML-245.pdf).
605.8 Procedure for Reopening a Closed Application
If the failure to respond to a written communication from the U.S. Copyright Office in a timely manner was caused by extraordinary circumstances, the Office may, in appropriate cases, grant a request to reopen the file, provided that (i) the request is made in writing and within a reasonable amount of time after the original deadline; (ii) a showing of good cause is made; and (iii) the Office has the deposit copy(ies) in its possession or replacement deposit copy(ies) are submitted with a written declaration confirming that the replacement is identical to the deposit copy(ies) that were submitted with the application, including the copyright notice (if appropriate). Such requests should be submitted to the Public Information Office using the form provided on the Office’s website (www.copyright.gov/help/general-form.html). An appropriate
