Generally, it can take at least four months to receive a certificate of copyright registration from the U.S. Copyright Office. The time to process an application varies, depending on the workload of the office and the complexity of a particular application. But there may be times when your business can’t wait that long. For instance, if litigation over a copyright is imminent and you have not yet registered it, your ability to file suit in federal court and seek all available damages and remedies will depend on when the certificate of registration issues.
There are methods available to shorten the amount of time between the filing of an application for registration and the issuance of a certificate by the Copyright Office. The simplest and cheapest method is to use the new e-Copyright service now being tested. Scott & Scott, LLP is a member of the Copyright Offices’ beta testing program for electronic filing of copyright applications. By using the on-line filing system, copyright applications may be filed with a reduced fee of $35 per application (versus $45 for mailed applications). Our experience indicates that by using electronic filing, we can usually reduce the time it takes to receive a registration to approximately one month after the application is submitted. As with any beta testing program however, there are no guarantees.
If you need your registration certificate as soon as possible, the Copyright Officer offers a “special handling” program for expedited registration. Under the “special handing” program, the Copyright Office promises to process the claim, when possible, within 5 working days. “Special handling” is expensive and is only available in certain circumstances. Instead of the normal $45 (or $35 electronic) application fee, an expedited application must be accompanied by a $685 fee. According to the Copyright Office, special handling is granted only in specific circumstances: (1) pending or prospective litigation, (2) matters involving customs, or (3) contract or publishing deadlines that necessitate the expedited issuance of a certificate. When filing an application for expedited service, the application must be accompanied by a letter stating why there is a need for special handing, and that need must full within the three categories recognized by the Copyright Office. The application must also include signed declaration certifying that the information in the request for special handing is correct. Requests for expedited service must be sent to a special address. More information regarding “special handling” may be found here: http://www.copyright.gov/circs/circ10.pdf.