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U.S. Code as of:
01/19/04
Section 708. Copyright Office fees
(a) Fees. - Fees shall be paid to the Register of Copyrights -
(1) on filing each application under section 408 for
registration of a copyright claim or for a supplementary
registration, including the issuance of a certificate of
registration if registration is made;
(2) on filing each application for registration of a claim for
renewal of a subsisting copyright under section 304(a), including
the issuance of a certificate of registration if registration is
made;
(3) for the issuance of a receipt for a deposit under section
407;
(4) for the recordation, as provided by section 205, of a
transfer of copyright ownership or other document;
(5) for the filing, under section 115(b), of a notice of
intention to obtain a compulsory license;
(6) for the recordation, under section 302(c), of a statement
revealing the identity of an author of an anonymous or
pseudonymous work, or for the recordation, under section 302(d),
of a statement relating to the death of an author;
(7) for the issuance, under section 706, of an additional
certificate of registration;
(8) for the issuance of any other certification; and
(9) for the making and reporting of a search as provided by
section 705, and for any related services.
The Register is authorized to fix fees for other services,
including the cost of preparing copies of Copyright Office records,
whether or not such copies are certified, based on the cost of
providing the service.
(b) Adjustment of Fees. - The Register of Copyrights may, by
regulation, adjust the fees for the services specified in
paragraphs (1) through (9) of subsection (a) in the following
manner:
(1) The Register shall conduct a study of the costs incurred by
the Copyright Office for the registration of claims, the
recordation of documents, and the provision of services. The
study shall also consider the timing of any adjustment in fees
and the authority to use such fees consistent with the budget.
(2) The Register may, on the basis of the study under paragraph
(1), and subject to paragraph (5), adjust fees to not more than
that necessary to cover the reasonable costs incurred by the
Copyright Office for the services described in paragraph (1),
plus a reasonable inflation adjustment to account for any
estimated increase in costs.
(3) Any fee established under paragraph (2) shall be rounded
off to the nearest dollar, or for a fee less than $12, rounded
off to the nearest 50 cents.
(4) Fees established under this subsection shall be fair and
equitable and give due consideration to the objectives of the
copyright system.
(5) If the Register determines under paragraph (2) that fees
should be adjusted, the Register shall prepare a proposed fee
schedule and submit the schedule with the accompanying economic
analysis to the Congress. The fees proposed by the Register may
be instituted after the end of 120 days after the schedule is
submitted to the Congress unless, within that 120-day period, a
law is enacted stating in substance that the Congress does not
approve the schedule.
(c) The fees prescribed by or under this section are applicable
to the United States Government and any of its agencies, employees,
or officers, but the Register of Copyrights has discretion to waive
the requirement of this subsection in occasional or isolated cases
involving relatively small amounts.
(d)(1) Except as provided in paragraph (2), all fees received
under this section shall be deposited by the Register of Copyrights
in the Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office. Such
fees that are collected shall remain available until expended. The
Register may, in accordance with regulations that he or she shall
prescribe, refund any sum paid by mistake or in excess of the fee
required by this section.
(2) In the case of fees deposited against future services, the
Register of Copyrights shall request the Secretary of the Treasury
to invest in interest-bearing securities in the United States
Treasury any portion of the fees that, as determined by the
Register, is not required to meet current deposit account demands.
Funds from such portion of fees shall be invested in securities
that permit funds to be available to the Copyright Office at all
times if they are determined to be necessary to meet current
deposit account demands. Such investments shall be in public debt
securities with maturities suitable to the needs of the Copyright
Office, as determined by the Register of Copyrights, and bearing
interest at rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturities.
(3) The income on such investments shall be deposited in the
Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office.
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