Fix Your Follow-up; Fix Your Copyright.

If you haven’t responded to that letter you received from the U.S. Copyright Office that is sitting in a pile of paperwork on your desk, you need to read this post.

Many communications from the Copyright Office set forth specific timelines for replying. If you miss these deadlines, you could be putting your intellectual property rights at risk.

Below are some of the consequences of not responding in time:

  • Your 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.  (More specifically:  “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.”…ooops).
  • Any unpublished deposit or document you submitted will be returned.
  • Your filing fee will not be returned.

Copyright applicants do not want to risk having their file closed, or worse. If you still wish to pursue the copyright, you will be required to reapply for registration or recordation. This will entail submitting a new application, deposit, and fee or an original document and fee.  Luckily, the fees for a Copyright application are not exorbitant.

More importantly, the effective date of registration or recordation will be based on the new, later submission. This could have a negative effect on any subsequent copyright infringement application.

How Can I Help?

If you need help to file a copyright or meet copyright application deadlines, or know someone that can use my help, please contact me for a free 30 minute consultation by sending me an email or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities.  Connect with me on Google +

Norman

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