Litigation Services

Any member of the public may, upon request, obtain copies of completed registration or recordation records, as well as a search report. When you submit your request, state your name and contact information, the registration number and/or recordation volume and document number, the title(s) of the work(s), and the author and/or claimant’s name if known, whether you need certification, and whether the material is needed on an expedited basis. Requests for in-process registration and recordation records are granted to authorized persons only. Generally, to obtain copies of in-process registration applications, you must be the copyright claimant or his or her authorized representative, and, for copies of in-process documents, you must be a party who executed the document or his or her authorized representative.

Only authorized persons may receive copies of deposit materials. Persons authorized to receive copies of deposit materials include the copyright claimant of record or his or her designated agent, or an attorney representing the plaintiff or defendant in litigation involving the deposit materials. If you are the copyright claimant of record, the Office will provide a certified or uncertified reproduction of your deposit materials upon request if the work is still in the Office’s custody. If you are the designated agent of the copyright claimant of record, your request must include written authorization from the copyright claimant of record. For more information on how to obtain a copy of deposit materials in connection with litigation see Requests Related to Litigation below.

If you are not the copyright claimant or his or her designated agent, or an attorney representing a party in litigation involving the deposit materials, you are not authorized to receive a copy but you may inspect these types of records at the USCO offices in Washington, DC.

To obtain copies of completed registration or recordation records, as well as search reports, submit a written request, including your name and contact information; the registration number or recordation volume and document number; the title(s) of the work(s); and the author’s or claimant’s name, or both, if known; whether you need certification; and whether you need the material on an expedited basis.

Only authorized persons may obtain copies of deposit materials. If you need a copy of deposit material that is in the Office’s custody for use in actual litigation, complete and submit Form LS with a written request identifying the title and registration number for the deposit material requested. Please also identify whether you seek to obtain copies of any registration records (for example, certificates of registration, copies of correspondence, etc.). In section 2C of that form, provide the nature of the controversy, the name of the court where proceedings have been instituted, the docket number, and the case caption.

Only authorized persons may obtain copies of deposit materials. If you need a copy of deposit material that is in the Office’s custody for use in a legal dispute where an actual lawsuit has not yet been filed, complete and submit Form LS with a written request identifying the title and registration number for the deposit material requested. Please also identify whether you seek to obtain copies of any related registration records (for example, certificates of registration, copies of correspondence, etc.). In section 2D of that form, provide a full statement of the facts surrounding the controversy and confirm that the copy will be used only in connection with the dispute specified in the request. Attach additional documentation, such as cease and desist letters or draft complaints, that supports your claim that litigation may be instituted.

Foreign litigants must complete and submit Form LS and must satisfy the same requirements that apply to litigants in the United States.

Before submitting a request for records or other materials in the Office’s custody for use in foreign litigation, requesting parties should determine what kind of documents are needed and will be fully accepted by the foreign jurisdiction, including any necessary and appropriate authentication processes. For example, some countries require authentication by the U.S. Department of State or “consularization of documents” or other authentication by that country’s embassy, or both. The Office cannot assist with any legal determinations as to what type of materials or what type of authentication may be needed for use in a specific foreign jurisdiction or a particular legal dispute.

Once a copyright claim has been registered or refused, if the applicant submitted physical copies or phonorecords of a published work, the deposit will generally be offered to the Library of Congress for its collections. If the deposit material is selected by the Library of Congress, it is not retained by the Office.

The Office does not provide inspection or copies of deposits that have not been retained by the Office, including copies of works contained in the Library of Congress’s collections.

• To request copies of a moving image or other multimedia work contained in the Library’s collections, members of the public should contact the Library’s Moving Image Research Center by sending an email to [email protected] or by calling (202) 707-8572.
• To request copies of a sound recording contained in the Library’s collections, members of the public should contact the Library’s Recorded Sound Research Center by sending an email to [email protected] or by calling (202) 707-7833.
• To request copies of a musical work copyrighted before 1978 and contained in the Library’s collections, members of the public should contact the Library’s Music Division by sending an email to [email protected] or by calling (202) 707-5503.
• For all other works contained in the Library’s collections, members of the public should contact the Library’s Duplication Services by sending an email to [email protected] or by calling 1-888-682-3557.

Processing times will vary depending on the type of items requested (physical or electronic deposits) and the type of service requested (routine or expedited). Generally, the average processing time for litigation requests is fourteen business days for expedited requests and twenty-nine business days for routine requests. Please inform the Office of any forthcoming litigation deadlines, and the Office will do its best to fulfill the request in a timely manner.