Appealing Rejected Copyright Applications

It is never comforting to wait for a long period of time to hear back from the government, only to get your request rejected. That is why the Copyright Office offers applicants two opportunities to file for reconsideration. Whenever an application receives the refusal to register, the filer can embark on a formal process to request second and third looks. Although there is a level of uncertainty with each of these filings, there are many cases when it is an appropriate course of action to take.

In order to do this, copyright appeal applicants must submit their request in writing, setting forth each of the reasons why they believe that the refusal was inappropriate. This must be received by the US Copyright Office at most three months after the registered claims most recent rejection. It needs to be properly indicated that the documents are regarding either a first or second reconsideration and they must be accompanied by the appropriate fee payment. The fee of a first filing for reconsideration is $250, whereas a second costs $500. Each of these also comes alongside a $25 fee for any related claims.

Copyright appeals are permitted for a variety of reasons. The controlling office recognizes that certain aspects of any claim may be miscommunicated and, thus, deserve second and third looks. This provides a sense of security for applicants, because they can be sure that their application and subsequent requests for reconsideration will be scrutinized by different parties, eliminating any potential conflicts of interest.

http://www.copyright.gov/fls/sl04a.pdf