Page:Compendium of US Copyright Office Practices (1973).pdf/200

Part 5.4 FAILURE TO DEPOSIT

5.4.1

Statute. If the required copies are not "promptly deposited" after the work has been published with notice, "the Register of Copyrights may at any time after the publication of the work, upon actual notice, require the proprieter of the copyright to deposit them ...." (17 U.S.C § 14)

I.

The statute will be deemed to authorize the Register to require the submission of an application and and fee for registration as well as the deposit of copies. The request for compliance will ask for all three.

II.

Even where all three elementes oopy, application and fee have been received: compliance action may be undertaken to require correction of an existing informality in the application preventing immediate registration.

III.

If the claimant refuses to comply with requests or ignores several letters, the Office will

then consider in each case whether to make a formal demand for compliance and what further action to take.

5.4.2

Exceptions.

I.

Foreign works protected under the Universal Copyright Convention and first published abroad with the copyright notice specified in sec. 9(c) of the statute are exempt from the deposit, demand, and compliance

provisions.

II.

It is not the practice of the Compliance Section to initiate compliance action with respect to

any foreign publications.

III.

Generally unless the works upon examination seem clearly registrable, including correct notice of copyright, the Complianoe Section will not initiate compliance action.