The U.S. Copyright Office offers an option for those seeking registration to receive their copyright faster than it usually takes. This process is called special handling. If you are trying to copyright your material, you should always file plenty of time in advance, but sometimes circumstances outside of your control can demand a copyright in a short amount of time. Other times, applications are filed in advance but rejected, limiting the time available for the material to be registered. By the nature of the situation, you likely will not know ahead of time that you need a copyright filed faster than usual, so you should research the process by which you can request an expedited registration to always be prepared. This short guide should help introduce you to the basics of requesting special handling of registration.
When You Can Request Special Handling
The first thing you should understand about requesting an expedited copyright registration is that it is typically not allowed. The U.S. Copyright Office will only approve the requests for special handling under special circumstances. When deciding if special handling is necessary for yours, remember that the normal process usually takes between eight and 13 months but varies based on the U.S. Copyright Office’s current work load. Additionally, e-filing can make the process take several months less. To qualify for special handling, you must:
- Have a pending or prospective litigation.
- Have a customs matters.
- Have a contract or publishing deadline that does not allow for the regular filing time.
Before filing, you will have to acquire proof that one of these is true.
How to Apply for Special Handling
If you decide you want to request special handling for your copyright registration, you have three options. Registration requests can either be submitting in person, online, or via mail.
- In person – If you want to submit your application in person, it must be done at the U.S. Copyright Office. A special form is provided alongside the regular copyright registration form. This form will require information about the need for expedited registration.
- Online – The most beneficial way to apply for special handling is through the Copyright Office website. More advanced materials may not be available to register online, but most basic copyrights can be completed. The fees for registration are lower if filed in this way, the time it takes for the process to complete is typically less, there is simpler payment management, and you have the ability to track the state of the application.
- Mail – While applying via mail is the least preferred submission method, it is still an option. In addition to the other requirements, submissions by mail must also include a letter detailing the need for expedited registration, as well as a signed statement that all the information is accurate to the best of your knowledge.
The Special Handling Process
To start the process of requesting special handling, you must submit your application. Your application must include:
- The filled out copyright registration form
- The additional request form for special handling
- The usual copyright filing fee
- The additional special handling fee
- The identifying material
The filing fee for registering a copyright is $30, but the additional fee for special handling is $580. If the material you are seeking a copyright for is a document, the fee for special handling is $330. The fees may be paid via check or money order, cash if filing in person, or direct deposit if filing online. Remember that these fees are never refundable, even if the request for copyright is denied.
While the time a special handling registration takes is never guaranteed, the U.S. Copyright Office tries to file requests within five days. Correspondence may be required, which will slow the process down. Afterward, you will either be notified of the copyright being successfully registered or any defect in the claim.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.