Communications Litigation Today was a Warren News publication.

CO Amends Deadline Rule for Copyright Reconsideration Requests

The Copyright Office said it's changed its deadline for parties to submit requests for reconsideration of previously denied copyright applications, so a party must have its reconsideration request postmarked by the deadline -- three months after the CO refused to grant the most recent copyright application. Refused applicants previously needed to ensure their reconsideration request made it to the CO before the three-month deadline. The rule took effect Friday and isn't subject to being initially noticed as a proposed rulemaking because the rule change doesn't affect how parties present themselves to the CO, said a notice in the Federal Register. The CO said it's adopting the deadline rule change because it “can be difficult to predict how long it will take for a reconsideration request to be received by the [CO], particularly given security screening related delays." A change to the “postal” deadline rule that covers “requests for reconsideration delivered by the United States Postal Service or dispatched by a commercial carrier, courier, or messenger” will “offer applicants greater certainty while continuing to ensure that appeals are considered in a timely fashion,” the CO said. The rule covers only reconsideration requests postmarked after Friday, the CO said.