Library of Congress Copyright Office
Interim Regulations on Mail Delivery Disruption

Interim Regulations on Mail Delivery Disruption

The Copyright Office has adopted interim regulations addressing the effect of the disruption or suspension of postal services to the Copyright Office. The Register of Copyrights has issued a declaration that there has been a disruption of mail beginning on October 18, 2001. When the disruption has ended, the Register will publish another determination to that effect.

The fact that the mail has been disrupted means that the date of receipt of materials in the Office may be later than it ordinarily would have been. The date the Office receives mail is important, because it determines the effective date of registration of claims to copyright, as well as the date of recordation for transfers, assignments, and other documents. Persons who believe they have been adversely affected by the disruption may wish to follow the procedures outlined in the regulation.

Under the regulation, it is possible to submit evidence that will permit the assignment of an earlier date of receipt of mail in the Office than the actual date received, so long as the Office has actually received the material within 1 month after the disruption or suspension has ended.

When to Make a Request

For copyright registration materials, requests must be made no later than 1 year after the claimant has received a certificate of registration. Requests should not be made before the certificate is issued. See the regulation for exceptions to this rule.

For transfers of copyrights or other documents submitted for recordation, there is no requirement to wait for a certificate of recordation. In fact, the Office encourages persons seeking adjustment of the date of receipt of a document to submit requests as soon as possible. Requests must be made no later than 1 year after the date of receipt of the certificate of recordation.

What Evidence to Submit

The regulations require that the person making the request must submit a receipt from the U.S. Postal Service or a delivery service such as UPS, Federal Express, Airborne Express, etc. The receipt should indicate when the Postal Service or other service received the material and sufficient information to determine when the Postal Service or delivery service would have delivered the material to the Copyright Office under ordinary circumstances. During this period of postal disruption, persons submitting material to the Office by means of the U.S. Postal Service should consider obtaining a receipt showing the date on which the material addressed to the Office was deposited with the Postal Service.

The Office will accept other documentary evidence that it considers equivalent to such receipts. It also will accept sworn statements from persons with personal knowledge of the facts relating to the attempt to deliver the material to the Office.

For More Detail see the regulation.


The Library of Congress

12-Dec-2002