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Applications for Expedited U.S. Copyright Registration
If you call the U.S. Copyright Office today, you’ll likely hear a message informing you that the Office can take upwards of four months to issue a registration certificate, assuming the application is in order. This normally isn’t a problem, as applications are generally filed as a matter of course and not in response to some pressing need. Also, the constructive date of registration is the date the application is received at the Copyright Office, not the date the certificate is generated, so receiving the certificate four months down the road generally isn’t cause for concern.
However, some clients do find themselves in circumstances where a registration certificate is urgently needed, and a four month wait just won’t do. In such a case, the Copyright Office does make available an expedited registration process, known as Special Handling.
Special Handling is available only where a registration certificate is required in connection with:
- pending or prospective litigation;
- customs matters; or
- contract or publishing deadlines
In order to take advantage of Special Handling, an application sent by mail must be accompanied by a brief letter detailing why the request falls into one of the three acceptable urgent need categories listed above, and a signed statement certifying that the information is correct to the best of the applicant's knowledge. If you request special handling in person at the Copyright Office (which has the advantage of avoiding the delay caused by mail screening procedures), the Copyright Office will provide you with a form to fill out.
In addition to the application and explanatory letter or form, the request must include the required deposit materials, the standard filing fee - currently $45 - and the special handling fee - currently $760.
The Copyright Office sets a turnaround target of five business days after receipt of the application in the Special Handling department, though that is of course not guaranteed. If the need is particularly urgent, it may be possible to get the registration number directly from the Copyright Office even before the certificate is issued.
The Special Handling circular from the Copyright Office provides additional details.
For more information about copyright and copyright registration, call us at 978-463-9100 or send us an email.