17 U.S.C. § 708

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 708 - Copyright Office fees

(a) FEES.-Fees shall be paid to the Register of Copyrights-

(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made;

(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made;

(3) for the issuance of a receipt for a deposit under section 407;

(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document;

(5) for the filing, under section 115(b),¹ of a notice of intention to obtain a compulsory license;

(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author;

(7) for the issuance, under section 706, of an additional certificate of registration;

(8) for the issuance of any other certification;

(9) for the making and reporting of a search as provided by section 705, and for any related services;

(10) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or 122; and

(11) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111.

The Register is authorized to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are certified, based on the cost of providing the service. Fees established under paragraphs (10) and (11) shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the collection and administration of the statements of account and any royalty fees deposited with such statements.

(b) ADJUSTMENT OF FEES.-The Register of Copyrights may, by regulation, adjust the fees for the services specified in paragraphs (1) through (9) of subsection (a) in the following manner:

(1) The Register shall conduct a study of the costs incurred by the Copyright Office for the registration of claims, the recordation of documents, and the provision of services. The study shall also consider the timing of any adjustment in fees and the authority to use such fees consistent with the budget.

(2) The Register may, on the basis of the study under paragraph (1), and subject to paragraph (5), adjust fees to not more than that necessary to cover the reasonable costs incurred by the Copyright Office for the services described in paragraph (1), plus a reasonable inflation adjustment to account for any estimated increase in costs.

(3) Any fee established under paragraph (2) shall be rounded off to the nearest dollar, or for a fee less than $12, rounded off to the nearest 50 cents.

(4) Fees established under this subsection shall be fair and equitable and give due consideration to the objectives of the copyright system.

(5) If the Register determines under paragraph (2) that fees should be adjusted, the Register shall prepare a proposed fee schedule and submit the schedule with the accompanying economic analysis to the Congress. The fees proposed by the Register may be instituted after the end of 120 days after the schedule is submitted to the Congress unless, within that 120-day period, a law is enacted stating in substance that the Congress does not approve the schedule.

(c) The fees prescribed by or under this section are applicable to the United States Government and any of its agencies, employees, or officers, but the Register of Copyrights has discretion to waive the requirement of this subsection in occasional or isolated cases involving relatively small amounts.

(d)

(1) Except as provided in paragraph (2), all fees received under this section shall be deposited by the Register of Copyrights in the Treasury of the United States and shall be credited to the appropriations for necessary expenses of the Copyright Office. Such fees that are collected shall remain available until expended. The Register may, in accordance with regulations that he or she shall prescribe, refund any sum paid by mistake or in excess of the fee required by this section.

(2) In the case of fees deposited against future services, the Register of Copyrights shall request the Secretary of the Treasury to invest in interest-bearing securities in the United States Treasury any portion of the fees that, as determined by the Register, is not required to meet current deposit account demands. Funds from such portion of fees shall be invested in securities that permit funds to be available to the Copyright Office at all times if they are determined to be necessary to meet current deposit account demands. Such investments shall be in public debt securities with maturities suitable to the needs of the Copyright Office, as determined by the Register of Copyrights, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.

(3) The income on such investments shall be deposited in the Treasury of the United States and shall be credited to the appropriations for necessary expenses of the Copyright Office.

(e)

(1) In this subsection, the term "covered competition" means-

(A) an art competition sponsored by the Congressional Institute that is open only to high school students; or

(B) the competition established under section 3 of House Resolution 77, 113th Congress, agreed to February 26, 2013.

(2) With respect to a work that wins a covered competition, the Register of Copyrights-

(A) shall waive the requirement under subsection (a)(1) with respect to an application for registration of a copyright claim for that work if that application is submitted to the Copyright Office not later than the last day of the calendar year following the year in which the work claimed by the application wins the covered competition (referred to in this paragraph as the "covered year"); and

(B) may waive a fee described in subparagraph (A) for an application submitted after the end of the covered year if the fee would have been waived under that subparagraph had the application been submitted before the last day of the covered year.

¹ See References in Text note below.

17 U.S.C. § 708

Pub. L. 94-553, title I, §101, Oct. 19, 1976, 90 Stat. 2593; Pub. L. 95-94, title IV, §406(b), Aug. 5, 1977, 91 Stat. 682; Pub. L. 97-366, §1, Oct. 25, 1982, 96 Stat. 1759; Pub. L. 101-318, §2(a), (b), July 3, 1990, 104 Stat. 287, 288; Pub. L. 102-307, title I, §102(f), June 26, 1992, 106 Stat. 266; Pub. L. 105-80, §7, Nov. 13, 1997, 111 Stat. 1532; Pub. L. 106-379, §3(a)(3), Oct. 27, 2000, 114 Stat. 1445; Pub. L. 111-175, title I, §106, May 27, 2010, 124 Stat. 1244; Pub. L. 117-201, §2, Oct. 17, 2022, 136 Stat. 2222.

EDITORIAL NOTES

REFERENCES IN TEXTSubsection (b) of section 115, referred to in subsec. (a)(5), was struck out and a new subsection (b) was added by Pub. L. 115-264, title I, §102(a)(2), Oct. 11, 2018, 132 Stat. 3678.

AMENDMENTS2022-Subsec. (e). Pub. L. 117-201 added subsec. (e).2010-Subsec. (a). Pub. L. 111-175, §106(4), inserted at end of concluding provisions "Fees established under paragraphs (10) and (11) shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the collection and administration of the statements of account and any royalty fees deposited with such statements."Subsec. (a)(10), (11). Pub. L. 111-175, §106(1)-(3), added pars. (10) and (11).2000-Subsec. (a). Pub. L. 106-379, §3(a)(3)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The following fees shall be paid to the Register of Copyrights:"(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made, $20;"(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made, $20;"(3) for the issuance of a receipt for a deposit under section 407, $4;"(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document covering not more than one title, $20; for additional titles, $10 for each group of not more than 10 titles;"(5) for the filing, under section 115(b), of a notice of intention to obtain a compulsory license, $12;"(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author, $20 for a document covering not more than one title; for each additional title, $2;"(7) for the issuance, under section 706, of an additional certificate of registration, $8;"(8) for the issuance of any other certification, $20 for each hour or fraction of an hour consumed with respect thereto;"(9) for the making and reporting of a search as provided by section 705, and for any related services, $20 for each hour or fraction of an hour consumed with respect thereto; and"(10) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service.The Register of Copyrights is authorized to fix the fees for preparing copies of Copyright Office records, whether or not such copies are certified, on the basis of the cost of such preparation."Subsec. (b). Pub. L. 106-379, §3(a)(3)(B)(i), inserted introductory provisions and struck out former introductory provisions which read as follows: "In calendar year 1997 and in any subsequent calendar year, the Register of Copyrights, by regulation, may increase the fees specified in subsection (a) in the following manner:".Subsec. (b)(1). Pub. L. 106-379, §3(a)(3)(B)(ii), substituted "adjustment" for "increase".Subsec. (b)(2). Pub. L. 106-379, §3(a)(3)(B)(iii), substituted "adjust fees to not more" for "increase fees to not more".Subsec. (b)(5). Pub. L. 106-379, §3(a)(3)(B)(iv), substituted "adjusted" for "increased".1997-Subsec. (b). Pub. L. 105-80, §7(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "In calendar year 1995 and in each subsequent fifth calendar year, the Register of Copyrights, by regulation, may increase the fees specified in subsection (a) by the percent change in the annual average, for the preceding calendar year, of the Consumer Price Index published by the Bureau of Labor Statistics, over the annual average of the Consumer Price Index for the fifth calendar year preceding the calendar year in which such increase is authorized."Subsec. (d). Pub. L. 105-80, §7(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "All fees received under this section shall be deposited by the Register of Copyrights in the Treasury of the United States and shall be credited to the appropriation for necessary expenses of the Copyright Office. The Register may, in accordance with regulations that he or she shall prescribe, refund any sum paid by mistake or in excess of the fee required by this section."1992-Subsec. (a)(2). Pub. L. 102-307 struck out "in its first term" after "copyright" and substituted "$20" for "$12".1990-Subsec. (a). Pub. L. 101-318, §2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The following fees shall be paid to the Register of Copyrights:"(1) on filing each application for registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration if registration is made, $10;"(2) on filing each application for registration of a claim to renewal of a subsisting copyright in its first term under section 304(a), including the issuance of a certificate of registration if registration is made, $6;"(3) for the issuance of a receipt for a deposit under section 407, $2;"(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document of six pages or less, covering no more than one title, $10; for each page over six and each title over one, 50 cents additional;"(5) for the filing, under section 115(b), of a notice of intention to make phonorecords, $6;"(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author, $10 for a document of six pages or less, covering no more than one title; for each page over six and for each title over one, $1 additional;"(7) for the issuance, under section 601, of an import statement, $3;"(8) for the issuance, under section 706, of an additional certificate of registration, $4;"(9) for the issuance of any other certification, $4; the Register of Copyrights has discretion, on the basis of their cost, to fix the fees for preparing copies of Copyright Office records, whether they are to be certified or not;"(10) for the making and reporting of a search as provided by section 705, and for any related services, $10 for each hour or fraction of an hour consumed;"(11) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service."Subsecs. (b) to (d). Pub. L. 101-318, §2(b), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.1982-Subsec. (a)(1). Pub. L. 97-366, §1(1), substituted provision for a $10 fee on filing each application for registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration if registration is made, for provision for a $10 fee for the registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration.Subsec. (a)(2). Pub. L. 97-366, §1(1), substituted provision for a $6 fee on filing each application for registration of a claim to renewal of a subsisting copyright in its first term under section 304(a), including the issuance of a certificate of registration if registration is made, for provision for a $6 fee for the registration of a claim to renewal of a subsisting copyright in its first term under section 304(a), including the issuance of a certificate of registration.Subsec. (c). Pub. L. 97-366, §1(2), struck out provision that, before making a refund in any case involving a refusal to register a claim under section 410(b), the Register could deduct all or any part of the prescribed registration fee to cover the reasonable administrative costs of processing the claim.1977-Subsec. (c). Pub. L. 95-94 substituted provisions relating to crediting of all fees received, to the appropriation for necessary expenses of the Copyright Office, for provisions relating to crediting of all fees received in the manner directed by the Secretary of the Treasury.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2010 AMENDMENTAmendment by Pub. L. 111-175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111-175 set out as a note under section 111 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-379, §3(c)(1), Oct. 27, 2000, 114 Stat. 1445, provided that: "The amendments made by this section [amending this section and sections 121 and 705 of this title and repealing section 710 of this title] shall take effect on the date of the enactment of this Act [Oct. 27, 2000]."

EFFECTIVE DATE OF 1992 AMENDMENTAmendment by Pub. L. 102-307 effective June 26, 1992, but applicable only to copyrights secured between January 1, 1964, and December 31, 1977, and not affecting court proceedings pending on June 26, 1992, with copyrights secured before January 1, 1964, governed by section 304(a) of this title as in effect on the day before June 26, 1992, except each reference to forty-seven years in such provisions deemed to be 67 years, see section 102(g) of Pub. L. 102-307 as amended, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-318, §2(d), July 3, 1990, 104 Stat. 288, provided that:"(1) IN GENERAL.-The amendments made by this section [amending this section and section 704 of this title] shall take effect 6 months after the date of the enactment of this Act [July 3, 1990] and shall apply to-"(A) claims to original, supplementary, and renewal copyright received for registration, and to items received for recordation in the Copyright Office, on or after such effective date, and"(B) other requests for services received on or after such effective date, or received before such effective date for services not yet rendered as of such date."(2) PRIOR CLAIMS.-Claims to original, supplementary, and renewal copyright received for registration and items received for recordation in acceptable form in the Copyright Office before the effective date set forth in paragraph (1), and requests for services which are rendered before such effective date shall be governed by section 708 of title 17, United States Code, as in effect before such effective date."

EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITIONAL RULEPub. L. 97-366, §2, Oct. 25, 1982, 96 Stat. 1759, provided that: "This Act [amending this section, section 110 of this title, and section 3 of Title 35, Patents] shall take effect thirty days after its enactment [Oct. 25, 1982] and shall apply to claims to original, supplementary, and renewal copyright received for registration in the Copyright Office on or after the effective date. Claims to original, supplementary, and renewal copyright received for registration in acceptable form in the Copyright Office before the effective date shall be governed by the provisions of section 708(a)(1) and (2) in effect prior to this enactment."

EFFECTIVE DATE OF 1977 AMENDMENTPub. L. 95-94, title IV, §406(b), Aug. 5, 1977, 91 Stat. 682, provided that the amendment made by section 406(b) is effective Jan. 1, 1978.

CARRY-OVER OF EXISTING FEES Pub. L. 106-379, §3(c)(2), Oct. 27, 2000, 114 Stat. 1446, provided that: "The fees under section 708(a) of title 17, United States Code, on the date of the enactment of this Act [Oct. 27, 2000] shall be the fees in effect under section 708(a) of such title on the day before such date of enactment."