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COPYRIGHT ACT
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Copyright Law
Copyright Act
« 17 USC Sec. 707 | Index | 17 USC Sec. 709 »
17 USC Sec. 708 - Copyright Office fees
(a) 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.
(b) 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:
(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 increase 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), increase 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 increased, 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.
-SOURCE-
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2593;
Pub. L. 95-94, title IV, Sec. 406(b), Aug. 5, 1977, 91 Stat. 682;
Pub. L. 97-366, Sec. 1, Oct. 25, 1982, 96 Stat. 1759; Pub. L.
101-318, Sec. 2(a), (b), July 3, 1990, 104 Stat. 287, 288; Pub. L.
102-307, title I, Sec. 102(f), June 26, 1992, 106 Stat. 266; Pub.
L. 105-80, Sec. 7, Nov. 13, 1997, 111 Stat. 1532.)
-MISC1-
AMENDMENTS
1997 - Subsec. (b). Pub. L. 105-80, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment 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
Section 2(d) of Pub. L. 101-318 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 RULE
Section 2 of Pub. L. 97-366 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 AMENDMENT
Section 406(b) of Pub. L. 95-94 provided that the amendment made
by that section is effective Jan. 1, 1978.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 104A, 205, 407, 408, 704,
705, 706, 908 of this title.
« 17 USC Sec. 707 | Index | 17 USC Sec. 709 »
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