Page:Copyright Office Compendium 3rd Edition - Full.djvu/166

, Third Edition 605.6(D)&emsp;Letters

The deadline for responding to a letter from a 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&emsp;Application Closed Following a Failure to Respond to the U.S. Copyright Office

When a communicates with an  concerning an issue with the registration materials, the applicant must respond before the deadlines specified in, 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,, and. The 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,refunded, and [sic] 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 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.

The practices set forth in and  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&emsp;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 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  (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 Chapter 600 : 34