§ 708. — Copyright Office fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC708]
TITLE 17--COPYRIGHTS
CHAPTER 7--COPYRIGHT OFFICE
Sec. 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), 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; and
(9) for the making and reporting of a search as provided by
section 705, and for any related services.
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.
(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.
(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; Pub. L. 106-379, Sec. 3(a)(3), Oct. 27, 2000,
114 Stat. 1445.)
Amendments
2000--Subsec. (a). Pub. L. 106-379, Sec. 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, Sec. 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, Sec. 3(a)(3)(B)(ii), substituted
``adjustment'' for ``increase''.
Subsec. (b)(2). Pub. L. 106-379, Sec. 3(a)(3)(B)(iii), substituted
``adjust fees to not more'' for ``increase fees to not more''.
Subsec. (b)(5). Pub. L. 106-379, Sec. 3(a)(3)(B)(iv), substituted
``adjusted'' for ``increased''.
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 2000 Amendment
Pub. L. 106-379, Sec. 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 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.
Carry-over of Existing Fees
Pub. L. 106-379, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 104A, 205, 407, 408, 704,
705, 706, 908 of this title.
