Proposed Copyright Office Fees Rule

Content

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Copyright Office proposes the adoption of a new fee schedule. The Office last adjusted fees in 2020, based on a study
of its fiscal 2016 and 2017 costs. Since that time, the costs of providing Office services have risen substantially due to
inflation and other increases. The proposed fees are intended to enable recovery of a percentage of the Office's costs, closer
to historical levels, without imposing undue barriers to access its services. The Office welcomes public comment on the proposed
changes in advance of submission of the fee schedule to Congress.

DATES:

Written comments must be received no later than 11:59 p.m. Eastern Time on May 4, 2026.

ADDRESSES:

For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments should be submitted electronically
through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office website at http://copyright.gov/rulemaking/feestudy2026. If electronic submission of comments is not feasible due to lack of access to a computer or the internet, please contact the
Office using the contact information below for special instructions.

FOR FURTHER INFORMATION CONTACT:

Rhea Efthimiadis, Assistant to the General Counsel, by email at meft@copyright.gov, or by telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION:

The Copyright Office last adjusted its fee

  schedule in March 2020 based on a multi-year study of the Office's fiscal 2016 and 2017 costs. [(1)]() Since that time, both inflation and the costs of providing Office services have risen substantially. To maintain fiscally
  responsible operations at a level commensurate with stakeholder demand for services, and in recognition of actual to-date
  cost increases and projected inflation, the Office proposes fee adjustments. The Office's goal is to restore recovery of the
  historically higher percentage of its actual expenses from fees in order to support its operations and provide high quality
  services to the public. This notice describes the Office's statutory authority in setting fees, outlines the methodology employed
  in studying its costs, and provides the justification for the proposed adjustments.

As discussed below, central to the Office's mission is ensuring that our fees do not impose undue barriers to access copyright
services. While the fees proposed here fall far short of covering the Office's actual costs, we recognize that some of the
increases are substantial and may impact some copyright stakeholders more than others. The Office is exploring ways to minimize
this impact so that all stakeholders are able to use our services. Among other things, the Office will issue a Notice of Inquiry
(“NOI”) on possible future alternative fee structures. (2) As discussed below, at least some such alternative fee structures are expected to be technically feasible within the Enterprise
Copyright System (“ECS”) registration system now in development. The responses to the NOI will assist in determining which
ones may be appropriate and desirable once ECS is fully operational.

I. Statutory Framework

The Copyright Act requires the Office to collect fees to apply toward the costs of providing certain services. The Act allows
the Office to periodically adjust those fees, including for the following services enumerated in section 708:

(1) On filing an 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;

(9) For the making and reporting of a search as provided by section 705, and for any related services;

(10) On filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or
122; and

(11) On filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111. (3)

Fees for the services described in paragraphs (1) through (9) above are established in accordance with a statutorily mandated
process. The Register must first “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.” (4) The study is to “consider the timing of any adjustment in fees and the authority to use such fees consistent with the budget.” (5) On the basis of the study, the Register may “adjust fees” by regulation “to not more than that necessary to cover the reasonable
costs incurred by the Copyright Office for” its services “plus a reasonable inflation adjustment to account for any estimated
increase in costs.” (6) The Register must then prepare a proposed fee schedule and submit it with the accompanying economic analysis to Congress. (7) The proposed schedule may be instituted after the end of 120 days after submission unless, within that 120-day period, Congress
enacts a law stating in substance that it does not approve it. (8)

Section 708 requires that fees under section 708(a)(1)-(9) “be fair and equitable and give due consideration to the objectives
of the copyright system.” (9) Accordingly, the Copyright Office must consider not only the reasonable costs of services provided, but also the public interest.

The Copyright Act also authorizes the Register of Copyrights to establish fees for services other than those listed in paragraphs
(1) through (9) of section 708(a). Though not subject to the procedural requirements of section 708(b), these fees are generally
evaluated and adjusted as part of the fee study mandated by section 708(b) (as is the case here). First, paragraphs (10) and
(11) of section 708(a) provide that the Copyright Office's Licensing Section may charge filing fees for the statements of
account that cable and satellite companies must submit under the statutory licenses in sections 111, 119, and 122 for the
secondary transmissions of primary broadcast television transmissions. (10) Such filing fees must “be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred
by the Copyright Office for the collection and administration of the statements of account and any royalty fees deposited
with such statements.” (11) Second, section 708 authorizes the Register to set fees for any “other services,” such as “preparing copies of Copyright Office
records,” and states that these fees must be “based on the cost of providing the service.” (12) Various other provisions of the Copyright Act outside section 708 authorize the establishment of fees for specific services
and require fees to be set based on costs. (13)

The Register has “wide discretion to adjust Copyright Office fees by regulation.” (14) In 1997, Congress amended section 708 specifically to grant the Register broad discretion and permanent authority to set fees
for the Office. (15) The statute generally instructs the Register to set fees at a level that

  covers the Office's overall costs. [(16)]() In doing so, she may set fees that account for the indirect costs of providing services, and use fee revenue from some services
  to offset losses from others in order to encourage the public to utilize them. [(17)]()

II. Cost Study

Since Congress first gave the Register the authority to set and adjust fees, the Office has adjusted its fees approximately
every three to five years. The last such adjustment went into effect in March 2020.

In August 2023, the Office initiated a new cost study by contracting with the Library of Congress's Federal Research Division
(“FRD”), with oversight from the Office's Assistant Register and Director of Operations and the Chief Economist. Based on
information gathered in its study, FRD “conducted a comprehensive review of the full costs required [for the Office] to operate
. . . and provide fee-based services, including current costs and future projected costs.” (18) In addition to studying the Office's costs, FRD built a cost and revenue projection model.

A. Cost Study Methodology and Findings

FRD employed a mixed quantitative and qualitative methodology to assess the Office's costs. (19) To collect data, it began by building an instrument to measure the time employees spent processing fee-based services (“time-use
data”) over a four-week period. (20) FRD deployed an additional survey to collect time-use data for conducting work on second appeals for registration claims. (21) For further quantitative analysis, it reviewed personnel cost records, non-personnel financial records, licensing fiduciary
statements, annual report data, and transaction costs for receiving and shipping materials. (22) It conducted qualitative interviews to confirm or qualify the time-use data, gather additional context, and collect estimates
for services where time-use data was not available. (23)

Using this data, FRD developed an original model for estimating the costs of the Office's fee-based services according to
government-identified best practices. (24) The model incorporates both the direct and indirect costs of providing each service. Direct costs vary depending on service
volume and are largely attributed to the paid time of the primary employee providing the service, calculated using 2025 General
Schedule salary rates. (25) Indirect costs are fixed personnel and non-personnel costs that are required to operate the Office and support providing the
service but are not directly attributable to the service. (26) Non-personnel indirect costs include the costs of IT infrastructure and modernization, office equipment, travel, and contract
services. (27) Personnel indirect costs can include employees' paid time when not directly providing the service (e.g., training, meetings, or leave) and the paid time of employees who support or oversee the fee-based service. (28) Indirect costs are allocated proportionally based on service volume and time spent providing the service. (29) To measure annual service volume, FRD calculated the average volume between fiscal years 2020 and 2024, when available. (30)

Across the Office, FRD estimated $15.6 million in annual direct costs and $81.8 million in annual indirect costs for its fee-based
services. (31) This estimate accounts for $14,052,125 in direct costs and $16,565,171 in indirect costs for registration services; $1,316,863
in direct costs and $6,242,077 in indirect costs for copyright records services; $201,078 in direct costs and $943,583 in
indirect costs for the Licensing Section's record request and filing services; and $48,097,279 in overhead operating expenses. (32)

In addition to estimating the costs of the Office's fee-based services, FRD determined that the median Consumer Price Index
(“CPI”), a statistical measure of core inflation based on the median price change of goods and services, has increased approximately
23% since fees were last updated (between the years 2020 and 2025). (33) FRD further provided a conservative estimate of the projected year-over-year inflation at 3% for 2026 through 2030.

B. Further Methodology and Adjustments

The Office's fees are set to recoup a reasonable portion of costs while encouraging participation in the copyright system
and maintaining a robust and accurate system of copyright records. When considering adjustments to the fee structure, in addition
to cost considerations and inflation adjustments, (34) the Office must give “due consideration to the objectives of the copyright system,” (35) which include “encourag[ing] the production of original literary, artistic, and musical expression for the good of the public.” (36) Thus, setting fees involves considering at least two factors.

First, the Office's services help maintain the value and vitality of the copyright system. Copyright transactions are a substantial
and economically significant portion of the nation's gross domestic product. 37 Participation in the voluntary copyright registration and recordation systems furthers important national objectives. (38) While registration is voluntary, it is often indispensable for authors who wish to protect their rights in the works they
create. A registration certificate made before or within five years of publication constitutes “prima facie evidence of the
validity of the copyright and of the facts stated in the certificate.” (39) A certificate or a refusal of registration is required for a copyright owner of a U.S. work to bring an infringement lawsuit
in federal court. (40) Moreover, registration must be made in a timely manner to allow a copyright owner to seek statutory damages or attorneys'
fees. (41) Enabling authors and their assignees to efficiently register their works is therefore vital to meaningful judicial remedies
and securing the value of copyrights.

In addition, the Office's maintenance of a public database of copyright ownership serves the general public—users of copyrighted
materials as well as copyright owners. A robust public record of copyright ownership and copyright status facilitates efficient
marketplace transactions (and the corresponding dissemination of copyrighted works) and encourages development of innovative
business models that rely on accurate information about the legal status of copyrighted works.

Copyright registration also provides significant benefits to the Library of Congress, which maintains an unparalleled collection
of materials for the use of Congress and the American public. Through the copyright system, the Library receives books, motion
pictures, sound recordings, and other works that build its collection. (42) In fiscal year 2024 alone, the value of the materials that the Office provided to the Library was estimated at approximately
$57.3 million. (43) Copyright thus plays a pivotal role in fostering and preserving knowledge, ideas, and cultural identity for future generations.

Second, the Office is guided by the statutory goal of cost recovery, and seeks to optimize its revenue without lessening participation
in the national copyright system. Use of the Office's primary services—including copyright registration and recordation—is
mostly voluntary; if fees were set at the significantly higher levels needed for total cost recovery, that could result in
a substantial decrease in the use of those services to the detriment of the public. Demand for the services varies depending
on prices—if fees are set too high, potential users (including many non-profit or non-corporate users) may reduce their participation.

At the same time, the Office must bring in sufficient revenues to cover its expenses. From at least 2009 to 2018, the Office
recovered approximately 60% of its actual expenses from fees, (44) and Congress appropriated the remainder. In recent years, however, the percentage of actual costs recovered from fees has
decreased sharply; in fiscal year 2024, the Office recovered only 41% of its actual expenses from fees. In addition to inflation,
several factors contribute to this precipitous decline. While budget activities, like labor and modernization, are generally
appropriated by Congress, their costs often end up exceeding the appropriated amounts. In recent budget years, there have
been significant gaps between the funding provided for salaries via continuing resolution and the amounts needed to implement
mandatory federal pay raises. Thus, the Office must absorb these costs within its preexisting budget. Moreover, since 2019,
with the support of Congress, the Office has dedicated substantial resources to modernizing its information technology. Congress
has directed the Office to spend “not less than” certain appropriated amounts on “modernization initiatives,” (45) but we must supplement those amounts to keep pace with our timeline for ECS planning and development and to account for the
increased costs of IT services as well as inflation.

In addition to overseeing the national copyright registration and recordation systems, the Office continues to perform its
statutory functions by advising Congress on copyright policy and legislation; working with the courts, the Department of Justice,
and other federal agencies on copyright litigation and international matters; conducting administrative and regulatory activity
as required to administer the Copyright Act; educating the public about copyright; and improving its public-facing applications
and enhanced services. The Office does so with the support of a modest budget, (46) and if we do not continue to recover a sufficient portion of our actual expenses through fees, will have no choice but to
request additional appropriations from Congress.

III. The Office's Schedule of Proposed Fees

After evaluating FRD's cost study and considering the objectives of the Copyright Act, (47) policy goals, and overall fairness, as well as general guidance from the Government Accountability Office (48) and the Office of Management and Budget, (49) the Office proposes adjustments to our fee schedule. The Office analyzed potential changes to fees under section 708(a)(1)-(9)
to ensure they remain “fair and equitable and give due consideration to the objectives of the copyright system,” as required
by the statute. The proposed fee schedule ensures that the Office continues to be a prudent fiduciary of public funds while
supporting the

  policy goals of promoting creativity and enabling the effective exercise of rights.

Overall, the Office has determined that fees should be raised an average of 43% to account for increases in the cost of providing
services. This reflects both historic inflation since the last fee study and anticipated inflation over the next three years.
When looking at the cost data on which the last fee adjustment was based—dating back to as early as fiscal year 2016—the median
CPI increased approximately 33%. (50) Going forward, year-over-year inflation is projected at 3% for 2026 through 2030, approximating 10% over the next three years. (51)

In preparing this proposal, the Office first considered inflation, and adjusted each fee “to account for any estimated increase
in costs.” (52) We then determined the appropriate portion of costs to recover through each fee, based on its expected impact to the copyright
system. For example, we generally apportioned more cost recovery to services that are primarily used by corporate organizations,
and less to services used by individual creators. (53) Next, the Office categorized analogous services together (e.g., group registration options) and set the same fee for each of them, where appropriate. For some services, amounts were further
adjusted to incentivize or disincentivize their use. Finally, we reviewed each adjustment to assess its impact on projected
revenue. Where significant cost-based increases would not result in additional projected revenue due to low service volume,
we proposed only slight increases.

The Office estimates that revenues generated by these proposed fees would be roughly $51 million per year over the next five
years (compared to the current schedule's projected $41 million per year), and would achieve approximately 53% projected cost
recovery during the first year of implementation. While the proposed increase in fees may reduce service volume, at least
temporarily, the decrease should be offset by a more consistent long-term level of cost recovery.

The Office seeks public comments on the proposed fee changes and will consider these comments as we finalize the fee schedule
for submission to Congress.

A. Registration, Recordation, and Related Services

1. Basic and Group Registrations

i. Basic Registrations

Section 708(a)(1) requires the payment of fees “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.” (54) While basic registration applications produce the highest volume of all the Office's fee-generating services, processing these
claims also represents our largest cost center, accounting for approximately 30% of total expenditures. (55) Currently, the average cost recovery for Single and Standard applications stands at approximately 37% and 47%, respectively.
These figures are well below the Office's historical cost recovery of 60% for most services.

The Office proposes increasing fees for Standard Applications and those submitted on paper, to begin to narrow the gap between
their costs and fees. As to Standard Applications, we propose raising the fee primarily to account for the rising cost of
goods and services due to inflation. The Office is currently recovering only 47% of its cost in processing claims submitted
on the Standard Application. (56) We are proposing to increase this fee from $65 to $85—below the historical and projected inflation rate (43%) set forth above—to
increase the cost recovery from 47% to an average 62% in the first year of the new fee term. The cost recovery for each subsequent
year will be lower to the extent that the Office's costs continue to rise.

As to paper applications, the Office charges higher fees than for electronic applications, given the substantially higher
costs of processing paper applications, and to incentivize use of the electronic system. We now propose to raise the fee for
paper applications from $125 to $185, which is slightly above historical and projected inflation rate, but approximates the
actual cost of this service. The Office has concluded that these proposed fees are “fair and equitable, and give due consideration
to the objectives of the copyright system.” (57)

The Office also proposes eliminating the Single Application registration option. (58) Established via interim rule in 2013, the Single Application was introduced in response to a prior fee study. (59) It was intended to provide a lower cost option for registering simple claims involving one work by a single author who is
the sole owner of all rights in the work. It cannot be used for claims involving multiple authors, different copyright owners,
or complex forms of authorship. (60)

While the Single Application was intended to be a streamlined option, it has proven to be inefficient for both applicants
and the Office. The Single Application results in the highest percentage of refusals among all types of registration applications, (61) as applicants routinely use it to submit works that do not fit its criteria. (62) The bulk of these refusals are on procedural grounds, regardless of whether the works themselves are copyrightable. Applicants
seeking to remedy this type of error may resubmit their claims using a different registration application type, but in doing
so they will incur additional fees. (63) The prevalence of

  unqualified submissions results in an examination process that is not simpler than the Standard Application, but more cost-
  and resource-intensive. The average cost recovery for the Single Application is approximately 10% less than the average cost
  recovery for the Standard Application, representing a significant subsidy.

Over time, the Office has seen a consistent decrease in the use of the Single Application. It accounted for only 6% of the
basic claims received between 2021 and 2024, and the number received has decreased year-over-year by about 24%. (64) At the same time, the Office has created more cost-effective options to benefit individual creators and small businesses,
permitting the registration of groups of works for a single filing fee. We currently offer options to register most classifications
of groups of unpublished and published works; and, as discussed below, we are taking steps to explore other alternative fee
structures. Eliminating the Single Application will allow us to more efficiently process the more widely-used registration
options.

Based on these considerations, the Office proposes the following increases to the fees for basic registration applications,
to be codified in 37 CFR 201.3(c).

| Basic registrations | Current fees
($) | Proposed fees
($) | Calculated cost
of service($) |
| --- | --- | --- | --- |
| Registration of a claim in an original work of authorship: | | | |
| Standard Application (electronic only) | 65 | 85 | Varied. 65 |
| Single Application (electronic only) | 45 | Eliminate | Varied. 66 |
| Paper Application | 125 | 185 | Varied. 67 |

ii. Group Registrations

Each basic registration application is limited to a single work of authorship, with some exceptions. Under the Copyright Act,
however, the Register of Copyrights may allow groups of related works to be registered with one application and one filing
fee—a procedure known as “group registration.” (68) These fees are also authorized by 17 U.S.C. 708(a)(1).

In response to stakeholder interest, the Office has expanded the availability of group registration options. As the data above
suggests, however, processing group registrations is often costly due to the amount of time required for examination of between
10 and 750 works of various classes and categories. The Office's current cost recovery for most categories of group applications
remains modest, in one category as low as approximately 5%. The effect of the high processing cost is compounded by the fact
that group registrations are the second highest volume of services provided by the Office. Thus, to achieve a better cost
recovery, we propose raising the fee for group registration options from $85 to $130, (69) with the exceptions described below.

First, the Office proposes more substantial fee increases for the group options to register photographic and non-photographic
databases, and updates to news websites. Because these options primarily serve corporate applicants, we are allocating a greater
portion of costs to these fees. Due to the relative inelasticity of the demand, the Office anticipates that the additional
revenue from these fees can subsidize group registrations used primarily by individuals, for which greater cost recovery is
impracticable. This is consistent with the Register's discretionary authority to use fee revenue to offset lower fees for
other services to further “the objectives of the copyright system,” (70) as discussed above.

Second, the Office proposes more modest fee increases for registering groups of published and unpublished photographs. Photographers
typically produce a large number of works (71) and have cited cost as an obstacle to registering them. (72) In recognition of these challenges, the group registration options for photographers are currently heavily subsidized to result
in a fee as little as $0.07 per photograph if the applicant registers the maximum number of photographs (i.e., 750). (73) The Office proposes raising the fee for these services from $55 to $85, which would be the same as the proposed fee for registering
one work with the Standard Application. This works out to as little as $0.11 per photograph if the applicant submits the maximum
number of photographs permitted (74) and is only slightly above the historical and projected inflation rate. These fees would achieve greater cost recovery while
maintaining low levels on a per-work basis.

The Office proposes the following schedule of fees, to be codified in 37 CFR 201.3(c).

| Group registrations | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 75 |
| --- | --- | --- | --- |
| Group registration of contributions to periodicals (published within a 12-month period) | 85 | 130 | 1,821.29. |
| Group registration of updates and revisions to non-photographic databases (published within three calendar months within the
same year) | 500 | 700 | 506.58. |
| Group registration of unpublished photographs (up to 750 unpublished photographs) | 55 | 85 | 150.77. 76 |
| Group registration of published photographs (up to 750 published photographs) | 55 | 85 | 105.52. 77 |
| Group registration of updates and revisions to photographic databases (published within three calendar months within the same
year) | 250 | 700 | 577.65. |
| Group registration of serials, per issue, with a minimum of 2 issues (published within three calendar months within the same
year) | 35 | 50 | 65.84. |
| Group registration of newspapers/newsletters (published within the same calendar month) | 95 | 130 | Varied. 78 |
| Group registration of works on an album (up to 20 musical works or up to 20 sound recordings) | 65 | 130 | Varied. 79 |
| Group registration of two-dimensional artwork (up to 20 published works) | 85 | 130 | N/A. |
| Group registration of unpublished works (up to 10 unpublished works) | 85 | 130 | 201.89. |
| Group registration of short online literary works (up to 50 works published with three calendar months) | 65 | 130 | 654.37 |
| Group registration of updates to a news website (published within the same calendar month) | 95 | 350 | 516.94 |

iii. Separate Subject of Inquiry: Alternative Fee Structures for Registration

Over the years, some stakeholders have urged the Office to adopt a number of alternative fee structures. (80) These could include, for instance, tiered fees (with a base fee for registering an individual work and an incrementally higher
fee for each additional work) or a flat rate that would allow creators to register a specific number of works over a designated
period of time.

The Office is committed to ensuring that our fee structures do not impose undue barriers to access our services, but consideration
of these alternatives depends on both economic and technological feasibility. The current eCO system cannot practically be
adapted to alternative fee structures, even if such alternatives are otherwise determined to be viable. But the Office is
far along in a multi-year modernization initiative, the ECS, which will include a “redesigned and easier to use registration
system.” (81) The ECS registration component will be considerably more flexible technologically and able to accommodate more alternatives.

To inform and prepare for the consideration of alternative fee structures, the Office will be issuing a separate notice of
inquiry to obtain public comment on their potential operation and economic viability, including whether and how they could
minimize or eliminate barriers to wider participation in the registration system. Stakeholders are encouraged to submit their
comments regarding alternative fee structures in response to the notice of inquiry in that separate proceeding.

2. Other Registration Services

The Office provides other less commonly used registration and related services, as authorized by various provisions of the
Copyright Act.

Several of these are low-volume services with a high cost per transaction, reflecting their time-consuming nature. The Office
proposes raising such fees above the historical and projected inflation rates to achieve a higher cost recovery. For example,
the cost per transaction for preregistration of certain unpublished works is about $794, and we propose increasing the fee
for this service from $200 to $320. We propose relatively small fee increases for renewal and restored copyright registration
services, from $125 to $165 and $100 to $165 respectively.

The Office also proposes increases to recover more than the estimated cost per transaction for certain services for which
demand is relatively inelastic because they are either compulsory or in strong demand among certain customer segments, and
typically serve corporate organizations. For example, the costs per transaction for vessel design and mask work registrations
are about $261 and $217 respectively, and the Office proposes increasing each fee to $650. Unlike copyright registration,
which is voluntary, registration is a mandatory condition for securing legal protection in a vessel design or a mask work. (82) Similarly, the cost per transaction for the special handling surcharge, (83) which expedites the examination of claims in circumstances such as pending litigation, is about $659. The Office proposes
increasing this fee from $800 to $1,100. Although special handling is optional, the demand for expedited examination is relatively
inelastic when a certificate is needed for federal litigation. Collecting these higher fees would allow for greater overall
cost recovery and help offset the cost of other registration services used by small organizations or individual creators for
which full cost recovery is impracticable.

The Office proposes setting the fees for supplementary applications at the same level as the fee for basic applications. Specifically,
we propose decreasing the fee from $100 to $85 for most supplementary registrations, to match the proposed fee for the Standard
Application. Likewise, we propose increasing the paper supplementary registration form fee to $185, to match the fee proposed
for the paper application for basic registration. These changes are intended to disincentivize applicants from submitting
a duplicate registration application to correct or amplify the information on a prior registration. In such cases, submitting
a supplementary registration is advisable (rather than seeking a new basic registration) because the supplementary will be
cross-referenced in the basic registration and vice versa.

Finally, the Office proposes increasing the fees for registration appeals. Applicants have two opportunities to appeal the
denial of a registration claim within the Copyright Office. At both stages, the intensive legal analysis necessary to process
these requests is considerably more costly than current fees reflect. Costs associated with review of a first appeal by the
attorneys in the Office of Registration Policy and Practice are $3,244. To offset a portion of this cost, we propose raising
the fee for this service from $350 to $535 per claim. The second request for an appeal involves substantial work by senior
attorneys, including the Register of Copyrights, the General Counsel and Associate Register of Copyrights, or their respective
designees, resulting in a cost to the Office of $9,471 per appeal. (84) We propose raising the fee for a second appeal from $700 to $1,200 per claim—still a small percentage of the actual cost.

The Office proposes the following schedule of fees for such services, to be codified in 37 CFR 201.3(c) and (d).

| Other registration services | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 85 |
| --- | --- | --- | --- |
| Renewal registration: | | | |
| Form RE | 125 | 165 | 1,537.49 |
| Addendum to Form RE | 100 | 135 | 1,163.24 |
| Registration of a claim in a restored copyright (Form GATT) | 100 | 165 | 520.14 |
| Preregistration of certain unpublished works | 200 | 320 | 793.60 |
| Correction or Amplification: | | | |
| Supplementary registration. | | | |
| Electronic filing | 100 | 85 | 402.77 |
| Paper filing (Form CA) | 150 | 185 | 384.39 |
| Correction of design registration (Form DC) | 100 | 185 | 332.72 |
| Registration of mask work (Form MW) | 150 | 650 | 217.45 |
| Registration of vessel designs (Form D-VH) | 500 | 650 | 260.57 |
| Provision of an additional certificate of registration | 55 | 80 | N/A |

| Special services | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 86 |
| --- | --- | --- | --- |
| Request for reconsideration (per claim): | | | |
| First appeal | 350 | 535 | 3,244.13 |
| Second appeal | 700 | 1,200 | 9,471.04 |
| Secure test examination fee (per staff member, per hour) | 250 | 375 | 84.55 |
| Special handling surcharge for registration: | | | |
| Expedited processing of application | 800 | 1,100 | 658.74 |
| Fee for each non-expedited claim using the same deposit | 50 | 60 | N/A |
| Small claims expedited registration fee per registration application request | 50 | 55 | N/A |
| Full term retention of published registration deposit: | | | |
| Physical deposit | 540 | 640 | N/A |
| Electronic deposit | 220 | 320 | N/A |
| Voluntary cancellation of registration | 150 | 320 | 323.61 |
| Matching unidentified deposit to deposit ticket claim (per half hour) | 40 | 50 | N/A |

3. Recordation

Recordation is another major service for which the Office collects fees. (87) The Office records three primary types of documents: transfers of copyright ownership, notices of termination, and other documents
pertaining to a copyright. Recordation creates a public record of copyright ownership.

Approximately 90% of all recordations are now received electronically through the Office's online recordation system. Some
recordation types cannot yet be handled electronically, however, including notices of termination and documents related to
pre-1972 sound recordings. (88) Online recordation, where available, has shortened processing times, but the cost of processing both paper and electronic
submissions still greatly outpaces the associated fees. Staff review documents for completeness and accuracy, index documents
into the Office's public records, and may also correspond with a remitter to clarify any inconsistencies. Costs include the
processing of incoming paper submissions by the Materials Control and Analysis Division, as well as sending recordation certificates
to remitters. To achieve greater cost recovery, and in recognition that these services are largely used by corporate entities,
the Office recommends raising the base recordation fee (for one work identified by one title or registration number) above
the historical and projected inflation rate, from $95 to $215 for electronic submissions, and from $125 to $320 for paper
submissions. We propose a parallel increase from $95 to $215 to the per-transfer fee for additional transfers, charged when
a single document involves multiple transfers or other transactions.

When recording a document, the Office must index information about each of the copyrighted works to which the document pertains. (89) When the works associated with the document are submitted in paper form, they must be manually typed into our database to
be indexed, which involves higher processing costs. The Office charges fees beyond the base fee for works in a document beyond
the first one (referred to as “additional works and alternate identifiers”) to cover these processing costs. We propose increasing
the fees for additional works submitted by paper from $60 to $215 per group of 10 or fewer additional works and alternate
identifiers.

The Office also accepts electronic title lists for recordation through a tiered pricing structure based on the number of works
being recorded. For the first four tiers, we propose increasing the fee from $60 to $215 for 1 to 50 additional works and
alternate identifiers; from $225 to $300 for 51 to 500 additional works and alternate identifiers; from $390 to $520 for 501
to 1,000 additional works and alternate identifiers; and from $555 to $745 for 1,001 to 10,000 additional works and alternate
identifiers. The proposed increases for the three tiers covering 51 to 10,000 additional works remain below historical and
projected inflation.

For the fifth tier, the Office currently charges $5,500 for more than 10,000 additional works and alternate identifiers. We
propose adjusting the fee structure for this fifth tier to $745 per group of 10,000 additional works and alternate identifiers.
For this tier, only remitters who submit more than 80,000 works will see their costs increase; those who submit between 10,000
and 80,000 works will see a cost reduction. This reduction for those who submit between 10,000 and 80,000 titles lightens
the burden for this set of remitters, further encouraging voluntary use of the online recordation system, while better aligning
fees to remitters with substantially larger numbers of works. The increase for submissions of more than 80,000 works will
offset the additional storage and system costs of that high volume of additional works.

The recordation program also administers services related to title II of the Music Modernization Act for recording schedules
of sound recordings fixed before February 15, 1972. (90) These services have high provision costs but are generally low volume. To achieve a better cost recovery, the Office proposes
increasing the fee for the filing and removal of schedules listing pre-1972 sound recordings from $75 to $160 for a single
sound recording, with an increase from $10 to $80 for schedules for additional sound recordings per group of 1 to 100 sound
recordings. The current cost recovery for this service is approximately 7.3%; the proposed new fee of $160 would increase
the cost recovery to 15.6%. (91) For submitting a notice of noncommercial use or a notice opting out of a proposed noncommercial use, we propose raising the
fee from $50 to $160.

The recordation program also administers services related to the Digital Millennium Copyright Act. (92) To qualify for some of the Act's safe harbors, service providers must designate an agent to receive notices of claimed copyright
infringement. The cost of providing this service ($741.02) is largely attributable to the amount of time needed to review
service providers' requests to make available a post office box address in lieu of a street address. Although the cost far
outweighs the current fee, the Office proposes only a slight fee increase from $6 to $25, to maintain accessibility for service
providers of all sizes.

The Office proposes raising the special handling fee for the expedited recordation of documents from $550 to $1,100. (93) This increase would make the fee consistent with the special handling fees the Office proposes to charge for other expedited
services. Given the striking decrease in processing times in the online system, the Office also expects a decrease in demand
for expedited recordation.

Finally, the Office proposes increasing the fee for correcting online public catalog data due to erroneous electronic title
submission from $7 to $10 per title, which reflects an inflationary increase.

The Office proposes the following fees for recordation services, to be codified in 37 CFR 201.3(c) and (d).

| Recordation and related services | Current fees
($) | Proposed fees
($) | Calculated cost of service

           ($) 94 |

| --- | --- | --- | --- |
| Recordation of a document, including a notice of termination and a notice of intention to enforce a restored copyright: | | | |
| Base fee (includes 1 work identified by 1 title and/or registration number) | | | Varied. 95 |
| Paper | 125 | 320 | |
| Electronic | 95 | 215 | |
| Additional transfer (per transfer) (for documents recorded under 17 U.S.C. 205) | 95 | 215 | Varied. 96 |
| Additional works and alternate identifiers: | | | |
| Paper (per group of 10 or fewer additional works and alternate identifiers) | 60 | 215 | 244.83. |
| Electronic: | | | Varied. 97 |
| 1 to 50 additional works and alternate identifiers | 60 | 215 | |
| 51 to 500 additional works and alternate identifiers | 225 | 300 | |
| 501 to 1,000 additional works and alternate identifiers | 390 | 520 | |
| 1,001 to 10,000 additional works and alternate identifiers | 555 | 745 | |
| >10,000 additional works and alternate identifiers | 98 5,500 | 745 per additional group of 10,000 | |
| Correction of online Public Catalog data due to erroneous electronic title submission (per title) | 7 | 10 | N/A. |
| Designation of agent under 17 U.S.C. 512(c)(2) to receive notification of claimed infringement, or amendment or resubmission
of designation | 6 | 25 | 741.02 |
| Schedule of pre-1972 sound recordings, or supplemental schedule of pre-1972 sound recordings (single sound recording) | 75 | 160 | 1,027.22 |
| Additional sound recordings (per group of 1 to 100 sound recordings) | 10 | 80 | 454.23 |
| Removal of pre-1972 sound recording from Office's database of indexed schedules (single sound recording) | 75 | 160 | N/A |
| Notice of noncommercial use of pre-1972 sound recording | 50 | 160 | 741.02 |
| Opt-out notice of noncommercial use of pre-1972 sound recording | 50 | 160 | 741.02 |

| Special services | Current fees
($) | Proposed fees
($) | Calculated cost of service
($) |
| --- | --- | --- | --- |
| Special handling fee for recordation of a document | 550 | 1,100 | Varied 99 |

B. Record Retrieval, Search, and Certification Services

The Office's Records Research and Certification Division (“RRC”) provides copies of completed and in-process registration
and recordation records, search reports, and registration deposit materials.

The costs of providing RRC's services vary, depending on the complexity of the request. Search and retrieval services can
be time-consuming and require specialized knowledge. The proposed fee schedule reflects an increase slightly above historical
and projected inflation, while modestly addressing the cost-recovery shortfall. For instance, the Office proposes raising
the per-hour fee for certifying records, preparing a search report, and retrieving records from $200 to $300. Certification
costs $1,166.49 to provide, and search and retrieval activities cost $655.14. (100) We also propose raising the fee for creating a search or retrieval estimate from $200 to $300, to be credited against the
final search and retrieval fee. The creation of an estimate itself is generally costly ($826.18), as it requires staff to
conduct a preliminary search of the Office's records.

For copying records, the Office proposes reverting to charging a variable fee based on the type of media being copied. (101) Currently, the fee is approximately $12 for all media, while the cost to provide this service is $485.41. The Office previously
shifted to the current media-neutral fee to simplify the fees for both the Office and the public. 102 Reverting to a media-dependent fee will better account for the varying complexity of copying different media types. We propose
charging $20 for photocopies, $105 for copies of audiocassettes and videocassettes, and $55 for copies of CDs, DVDs, and flash
drives. Service requests to copy formats unsupported by the Office and other copying of materials by outside providers would
be assessed the actual cost of the provider.

The Office also proposes raising the fee for litigation statements from $100 to $320. Litigation statements are used to request
copies of copyright deposits for actual or prospective litigation, and the demand for the service is relatively inelastic.
The proposed increase would help offset the cost of other services for which greater cost recovery is unattainable. Finally,
we propose raising the hourly fee for the expedited processing of records retrieval, search, and certification services from
$500 to $1,100, which is consistent with the special handling fees proposed for other expedited services.

The Office proposes the following fee schedule for records retrieval, search, and certification services, to be codified at
37 CFR 201.3(c) and (d). (103)

| Record retrieval, search, and certification services | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 104 |
| --- | --- | --- | --- |
| Certification of other Copyright Office records, including search reports (per hour) | 200 | 300 | 1,166.49 |
| Search report prepared from official records other than Licensing Section records (per hour, 2 hour minimum) | 200 | 300 | 655.14 |
| Estimate of retrieval or search fee (credited to retrieval or search fee) | 200 | 300 | 826.18 |
| Retrieval of in-process or completed Copyright Office records or other Copyright Office materials: | | | |
| Retrieval of paper records (per hour, 1 hour minimum) | 200 | 300 | N/A |
| Retrieval of digital records (per hour, half hour minimum, quarter hour increments) | 200 | 300 | N/A |

| Record retrieval, search, and certification services | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 105 |
| --- | --- | --- | --- |
| Copying of Copyright Office records by staff | 106 12 | | 485.41 |
| Photocopy | | 20 | |
| Audiocassette | | 105 | |
| Videocassette | | 105 | |
| CD or DVD | | 55 | |
| Flash drive | | 55 | |
| Unsupported formats and other copying of materials by outside providers, at cost of provider | | Varied | |
| Special handling fee for records retrieval, search, and certification services (per hour, 1 hour minimum) | 500 | 1,100 | N/A |
| Litigation statement (Form LS) | 100 | 320 | 161.80 |

C. Miscellaneous Fees

The Office administers several miscellaneous fees for the removal of certain personally identifiable information (“PII”) from
the Office's online public catalog, services related to financial accounting, and other peripheral services.

For the following fees, the Office had insufficient volume to compute a transaction cost, and therefore recommends only small
increases: administration and processing service charges for deposit account overdraft, dishonored deposit account replenishment
check, and uncollectible or non-collectible negotiable payment; and the recordation of notices to libraries and archives under
17 U.S.C. 108(h). These increases are well below the historical and projected inflation rate set forth above.

Considering labor and costs, the Office estimates that it costs from $10 to $105 to deliver documents by fax and by Federal
Express mailing, respectively. Thus, we have proposed increases to provide those services at cost and require payment in advance.
Payments that are greater than the service provider costs would be reimbursed to the customer.

Finally, the Office proposes raising the fee for the reconsideration of a denied request to remove certain PII from our online
public catalog. The proposed fee better reflects, but remains well below, the cost of providing that service.

The Office proposes the following miscellaneous fees, as authorized by 17 U.S.C. 708 and other provisions of the Copyright
Act, to be codified at 37 CFR 201.3(c) and (d).

| Related services | Current fees
($) | Proposed fees
($) | Calculated cost
of service($) |
| --- | --- | --- | --- |
| Request to remove PII from online catalog: | | | |
| Initial request | 100 | 100 | 784.83 |
| Reconsideration of denied request | 60 | 135 | 2,696.67 |

| Special services | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 107 |
| --- | --- | --- | --- |
| Overdraft of deposit account | 285 | 305 | N/A |
| Dishonored replenishment check for deposit account | 500 | 535 | N/A |
| Uncollectable or nonnegotiable payment | 115 | 125 | N/A |
| Notice to libraries and archives (17 U.S.C. 108(h)) | 50 | 55 | N/A |
| Each additional title | 20 | 20 | N/A |
| Service charge for Federal Express mailing | 45 | 105 | N/A |
| Service charge for delivery of documents via fax | 1 | 10 | N/A |

D. Licensing Section Fees

The Licensing Section administers certain statutory licenses and related provisions and also provides services to the Copyright
Royalty Board, which oversees rate determinations and distributions for certain statutory licenses. (108)

The Licensing Section collects fees for the filing of cable and satellite statements of account, to recover some of the costs
of administering the cable and satellite licenses. It deducts its operating costs from the royalty fees it collects, and invests
any remaining balance in interest-bearing securities with the U.S. Treasury for later disbursement to copyright owners. Unlike
other fees collected by the Copyright Office, the revenue from filing fees under sections 111, 119, and 122 by statute may
not exceed 50% of certain costs associated with the administration of the relevant statutory licenses. (109)

For all Licensing Section fees, the Office proposes small increases to account for inflation. The proposed fees associated
with section 111, 119, and 122 licenses will still remain, in the aggregate over the next five-year period, below 50% of the
Office's reasonable expenses in administering them. Some degree of uncertainty is inherent in these estimates, as the costs
are calculated based on when the fees are identified, not when the statements of account are submitted. Additionally, the
Office expects the volume of cable statements of account to decrease over the course of the new fee term, as they have done
for a number of years. (110) We have therefore proposed fees for cable and satellite statements of account in a conservative manner, to ensure that, over
the five-year period, revenues remain within the 50% threshold established by statute.

The Office proposes the following Licensing Section fees to be codified at 37 CFR 201.3(e).

| Licensing Section services | Current fees
($) | Proposed fees
($) | Calculated cost
of service
($) 111 |
| --- | --- | --- | --- |
| Recordation of a notice of intention to make and distribute phonorecords (17 U.S.C. 115) | 75 | 100 | 443.91 |
| Additional titles (per group of 1 to 10 titles) (paper filing) | 20 | 25 | N/A |
| Additional titles (per group of 1 to 100 titles) (electronic filing) | 10 | 15 | N/A |
| Statement of account amendment for cable systems, satellite systems, and digital audio recording device distributors | 50 | 70 | 414.10 |
| Recordation of certain contracts by cable television stations located outside the 48 contiguous states | 50 | 70 | 710.26 |
| Initial or amended notice of use of sound recordings (17 U.S.C. 112 and 114) | 50 | 70 | 502.88 |
| Statement of account for cable systems (17 U.S.C. 111): | | | |
| Form SA1 | 15 | 20 | 275.87 |
| Form SA2 | 20 | 25 | 275.87 |
| Form SA3 | 725 | 960 | 406.51 |
| Statement of account for satellite systems (17 U.S.C. 119 or 122) | 725 | 960 | 252.59 |
| Search report prepared from Licensing Section records (per hour, 2 hour minimum) | 200 | 300 | 710.26 |

E. Freedom of Information Act Requests

The Freedom of Information Act (“FOIA”), section 552 of title 5 of the United States Code, provides a statutory right of access
to federal agency records. FOIA establishes procedures by which a member of the public may request records from a federal
agency and the parameters by which an agency must operate when responding. In addition to requiring agencies to promulgate
regulations addressing the requirements for making requests and appeals, FOIA tasks them with establishing the fees they may
charge. (112)

Unless a waiver or reduction of fees has been granted, these rules permit the Office to charge an hourly rate for the search
and review of requested records by administrative or professional

  staff. [(113)]() Current regulations require requesters to pay fees by check or money order. As part of broader efforts to make its services
  digitized, interconnected, and easier to navigate, the Office seeks to simplify this process by requiring requesters to make
  their payments via the methods prescribed in 37 CFR 201.6(a), including through *Pay.gov.* This will ensure consistency in payment methods across the Office's services.

F. Technical Amendments

The Office will adopt technical amendments as needed to conform existing regulations to any changes to the fee schedule.

List of Subjects in 37 CFR Parts 201, 202, and 203

Copyright, General provisions, Freedom of Information Act, Policies and Procedures

Proposed Regulations

For the reasons set forth in the preamble, the Copyright Office proposes amending 37 CFR parts 201, 202, and 203 as follows:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201 continues to read as follows:

Authority:

17 U.S.C. 702.

1. In § 201.3, revise paragraphs (c), (d), and (e) to read as follows:

§ 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * *

(c) Registration, recordation, and related service fees. The Copyright Office has established fees for these services. To calculate the fee specified by paragraph (c)(23) of this
section, for each work identified in a document: The first title and/or first registration number provided for that particular
work constitutes a work; and each additional title and registration number provided for that particular work beyond the first
constitutes an alternate identifier. The fees are as follows:

| Registration, recordation, and related services | Fees
($) |
| --- | --- |
| (1) Registration of a claim in an original work of authorship: | |
| (i) Electronic filing | 85 |
| (ii) Paper Filing (Forms PA, SR, TX, VA, SE, SR) | 185 |
| (2) Registration of a claim in a group of contributions to periodicals | 130 |
| (3) Registration of updates or revisions to a database that predominantly consists of non-photographic works | 700 |
| (4) Registration of a claim in a group of published photographs or a claim in a group of unpublished photographs | 85 |
| (5) Registration for a database that predominantly consists of photographs and updates thereto: | |
| (i) Electronic filing | 700 |
| (ii) Paper filing | 700 |
| (6) Registration of a renewal claim (Form RE): | |
| (i) Claim without addendum | 165 |
| (ii) Addendum (in addition to the fee for the claim) | 135 |
| (7) Registration of a claim in a group of serials (per issue, minimum two issues) | 50 |
| (8) Registration of a claim in a group of newspapers or a group of newsletters | 130 |
| (9) Registration of a group of works on an album | 130 |
| (10) Registration of a claim in a group of unpublished works or a claim in a group of two-dimensional artwork | 130 |
| (11) Registration of a claim in a group of unpublished works | 130 |
| (12) Registration of a claim in a group of short online literary works | 130 |
| (13) Registration of a group of updates to a news website | 350 |
| (14) Registration of a claim in a restored copyright (Form GATT) | 165 |
| (15) Preregistration of certain unpublished works | 320 |
| (16) Registration of a correction or amplification to a claim: | |
| (i) Supplementary registration: | |
| (A) Electronic filing | 85 |
| (B) Paper Filing for correction or amplification of renewal registrations, GATT registrations, and group registrations for
non-photographic databases (Form CA) | 185 |
| (ii) Correction of a design registration: Form DC | 185 |
| (17) Registration of a claim in a mask work (Form MW) | 650 |
| (18) Registration of a claim in a vessel design (Form D/VH) | 650 |
| (19) Provision of an additional certificate of registration | 80 |
| (20) Certification of other Copyright Office records, including search reports (per hour) | 300 |
| (21) Search report prepared from official records other than Licensing Section records (per hour, 2 hour minimum) | 300 |
| (22) Estimate of retrieval or search fee (credited to retrieval or search fee) | 300 |
| (23) Retrieval of in-process or completed Copyright Office records or other Copyright Office materials: | |
| (i) Retrieval of paper records (per hour, 1 hour minimum) | 300 |
| (ii) Retrieval of digital records (per hour, half hour minimum, quarter hour increments) | 300 |
| (24) Recordation of a document, including a notice of termination and a notice of intention to enforce a restored copyright: | |
| (i) Base fee (includes 1 work identified by 1 title and/or registration number): | |
| (A) Paper | 320 |
| (B) Electronic | 215 |
| (ii) Additional transfer (per transfer) (for documents recorded under 17 U.S.C. 205) | 215 |
| (iii) Additional works and alternate identifiers: | |
| (A) Paper (per group of 10 or fewer additional works and alternate identifiers) | 215 |
| (B) Electronic: | |
| (1) 1 to 50 additional works and alternate identifiers | 215 |
| (2) 51 to 500 additional works and alternate identifiers | 300 |
| (3) 501 to 1,000 additional works and alternate identifiers | 520 |
| (4) 1,001 to 10,000 additional works and alternate identifiers | 745 |
| (5) Per group of 10,000 above 10,000 additional works and alternate identifiers | 745 |
| (iv) Correction of online Public Catalog data due to erroneous electronic title submission (per title) | 10 |
| (25) Designation of agent under 17 U.S.C. 512(c)(2) to receive notification of claimed infringement, or amendment or resubmission
of designation | 25 |
| (26)(i) Schedule of pre-1972 sound recordings, or supplemental schedule of pre-1972 sound recordings (single sound recording) | 160 |
| (ii) Additional sound recordings (per group of 1 to 100 sound recordings) | 80 |
| (27) Removal of pre-1972 sound recording from Office's database of indexed schedules (single sound recording) | 160 |
| (28) Notice of noncommercial use of pre-1972 sound recording | 160 |
| (29) Opt-out notice of noncommercial use of pre-1972 sound recording | 160 |
| (30) Issuance of a receipt for a section 407 deposit | 30 |
| (31) Removal of PII from Registration Records: | |
| (i) Initial request, per registration record | 100 |
| (ii) Reconsideration of denied requests, flat fee | 135 |
(d) Special service fees. The Copyright Office has established the following fees for special services of the Office:

| Special services | Fees
($) |
| --- | --- |
| (1) Service charge for deposit account overdraft | 305 |
| (2) Service charge for dishonored deposit account replenishment check | 535 |
| (3) Service charge for an uncollectible or non-negotiable payment | 125 |
| (4) Appeals: | |
| (i) First appeal (per claim) | 535 |
| (ii) Second appeal (per claim) | 1,200 |
| (5) Secure test examining fee (per staff member per hour) | 375 |
| (6) Copying of Copyright Office records by staff: | |
| Photocopy | 20 |
| Audiocassette | 105 |
| Videocassette | 105 |
| CD or DVD | 55 |
| Flash drive | 55 |
| Unsupported formats and other copying of materials by outside providers, at cost of provider | Varied |
| (7)(i) Special handling fee for a claim | 1,100 |
| (ii) Handling fee for each non-special handling claim using the same deposit | 60 |
| (8) Small claims expedited registration fee per registration application request | 55 |
| (9) Special handling fee for recordation of a document | 1,100 |
| (10) Handling fee for extra deposit copy for certification | 55 |
| (11) Full-term retention of a published deposit: | |
| (i) Physical deposit | 640 |
| (ii) Electronic deposit | 320 |
| (12) Voluntary cancellation of registration | 320 |
| (13) Matching unidentified deposit to deposit ticket claim (per hour, one hour minimum) | 50 |
| (14) Special handling fee for records retrieval, search, and certification services (per hour, 1 hour minimum) | 1,100 |
| (15) Litigation statement (Form LS) | 320 |
| (16)(i) Notice to libraries and archives | 55 |
| (ii) Each additional title | 20 |
| (17) Service charge for Federal Express mailing | 105 |
| (18) Service charge for delivery of documents via facsimile (per page, 7 page maximum) | 10 |
(e) Licensing Section service fees. The Copyright Office has established the following fees for specific services of the Licensing Section:

| Licensing Section services | Fees
($) |
| --- | --- |
| (1)(i) Recordation of a notice of intention to make and distribute phonorecords (17 U.S.C. 115) | 100 |
| (ii) Additional titles (per group of 1 to 10 titles) (paper filing) | 25 |
| (iii) Additional titles (per group of 1 to 100 titles) (online filing) | 15 |
| (2) Statement of account amendment (cable television systems and satellite carriers, 17 U.S.C. 111 and 119; digital audio
recording devices or media, 17 U.S.C. 1003) | 70 |
| (3) Recordation of certain contracts by cable TV systems located outside the 48 contiguous states | 70 |
| (4) Initial or amended notice of digital transmission of sound recording (17 U.S.C. 112, 114) | 70 |
| (5) Processing of a statement of account based on secondary transmissions of primary transmissions pursuant to 17 U.S.C. 111: | |
| (i) Form SA1 | 20 |
| (ii) Form SA2 | 25 |
| (iii) Form SA3 | 960 |
| (6) Processing of a statement of account based on secondary transmissions of primary transmissions pursuant to 17 U.S.C. 119
or 122 | 960 |
| (7) Search report prepared from Licensing Section records (per hour, 2 hour minimum) | 300 |

---

PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

1. The authority citation for part 202 continues to read as follows:

Authority:

17 U.S.C. 408(f), 702.

§ 202.3 [Amended] 4. Amend 202.3 as follows:

a. In paragraph (b)(2)(i) remove the phrase “, the Single Application,”.

b. Redesignate paragraph (b)(2)(C) as paragraph (b)(2)(B).

c. Remove paragraphs (b)(2)(B)(1) through (3), and paragraph (b)(2)(C).

d. In paragraph (c)(1), remove the phrase “As a general rule, an” and add in its place the word “An” and remove the second
sentence.

e. In paragraph (c)(3)(i), remove the phrase “As a general rule, the” and add in its place the word “The” and remove the second
sentence.

---

PART 203—FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES

1. The authority citation for part 203 continues to read as follows:

Authority:

5 U.S.C. 552.

1. In § 203.11, amend paragraph (a)(2) by removing “Requesters must pay fees by check or money order made payable to the United States Copyright Office” and adding in its place “Payment of the applicable fees under this paragraph shall be made by the methods established under § 201.6(a) of this chapter”.

---

Dated: March 18, 2026. Emily L. Chapuis, General Counsel and Associate Register of Copyrights. [FR Doc. 2026-05529 Filed 3-19-26; 8:45 am] BILLING CODE 1410-30-P

Footnotes

(1) 85 FR 9374 (Feb. 19, 2020) (effective Mar. 20, 2020); Booz Allen Hamilton, 2017 Fee Study Report (2017), https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf.

(2) See infra Part III.A.1.iii.

(3) 17 U.S.C. 708(a).

(4) Id. at 708(b)(1).

(5) Id.

(6) Id. at 708(b)(2).

(7) Id. at 708(b)(5).

(8) Id.

(9) Id. at 708(b)(4).

(10) Id. at 708(a)(10), (11).

(11) Id. at 708(a).

(12) Id.

(13) See, e.g., id. at 104A(e)(1)(C) (“The Register of Copyrights is authorized to fix reasonable fees based on the costs of receipt, processing,
recording, and publication of notices of intent to enforce a restored copyright and corrections thereto.”); id. at 512(c)(2) (requiring the Register to “maintain a current directory of agents” designated to receive notifications of claimed
infringement, and authorizing the “payment of a fee by service providers to cover the costs of maintaining the directory”).

(14) 2 Melville B. Nimmer & David Nimmer, Nimmer on Copyright sec. 7.24 (2013).

(15) See Act of Nov. 13, 1997, Public Law 105-80, 111 Stat. 1529, 1532 (1997); H.R. Rep. No. 105-25, at 16 (1997).

(16) See 17 U.S.C. 708(b)(1), (2) (providing that the Register “may . . . adjust fees to not more than that necessary to cover the
reasonable costs incurred by the Copyright Office” for “the registration of claims, the recordation of documents, and the
provision of services”). In some limited circumstances, the statute specifies that the fees for a specific service may not
exceed the cost of providing that service. For instance, the statute specifies that the statement of account filing fees under
paragraphs (10) and (11) of section 708(a) “may not exceed one-half of the cost necessary to cover reasonable expenses incurred
by the Copyright Office for the collection and administration of the statements of account.” Id. at 708(a).

(17) H.R. Rep. No. 105-25, at 16 (1997).

(18) Federal Research Division, U.S. Copyright Office FY2024 Fee Study: Cost Assessment Report 3 (2025) (“FRD Report”), http://copyright.gov/rulemaking/feestudy2026.

(19) A full description of FRD's cost assessment methodology is available in Appendix II of the FRD Report. See id. app. II.

(20) FRD distributed this data collection instrument to employees in the Office of Registration Policy and Practice (“RPP”), the
Office of Copyright Records (“CR”), and the Licensing Section (“LS”).

(21) FRD distributed this additional survey to employees in the Office of the General Counsel and the Office of Policy and International
Affairs.

(22) FRD Report app. II at 36-37.

(23) Id. at 41.

(24) Id. at 8 (noting guidance from the Federal Accounting Standards Advisory Board, the U.S. Government Accountability Office, and
the Office of Management and Budget).

(25) Id. at 6, 12. Where applicable, direct costs also include the cost of receiving and sending physical materials related to registration
and recordation services. Id. at 9.

(26) Id. at 7-8.

(27) Id. at 8-9, 16. IT modernization costs are allocated only to RPP and CR services. FRD did not allocate additional IT modernization
costs to LS because the section spends its own separate budget for those costs. Id. at 16.

(28) Id. at 9, 14. The model incorporates three pools of indirect costs for RPP, CR, and LS and one overarching pool of indirect costs
representing general overhead. Id. at 9.

(29) Id. at 7.

(30) Id. app. II at 39.

(31) Id. at 1.

(32) Id. at 32.

(33) See id. app. II at 39; CPI Inflation Calculator, U.S. Bureau of Lab. Statistics, https://www.bls.gov/data/inflation_calculator.htm (last visited Mar. 6, 2026).

(34) 17 U.S.C. 708(b)(1)-(2).

(35) Id. at 708(b)(4).

(36) Fogerty v. Fantasy, Inc., 510 U.S. 517, 524 (1994); see also U.S. Copyright Office, 2022-2026 Strategic Plan: Fostering Creativity and Enriching Culture (2022) (“Strategic Plan 2022”), https://www.copyright.gov/reports/strategic-plan/USCO-strategic2022-2026.pdf (“The Office's core services of registration, recordation, and statutory licensing play an important role in expanding culture
and knowledge, supporting the ability to protect and exploit creative works while facilitating their dissemination through
licensing and other lawful uses, here and abroad.”).

(37) According to one report, in 2023, core copyright industries added more than $2 trillion to the U.S. gross domestic product,
or 7.66% of the U.S. economy. Int'l Intell. Prop. All., Copyright Industries in the U.S. Economy: The 2024 Report 1

  (2024), *https://www.iipa.org/files/uploads/2025/02/IIPA-Copyright-Industries-in-the-U.S.-Economy-Report-2024_ONLINE_FINAL.pdf.* Core copyright industries also employed almost 11.6 million workers, who were paid an average of 50% more than the average
  U.S. annual wage. *Id.* According to statistics released by the Bureau of Economic Analysis, the digital economy is estimated to have accounted for
  10% of the U.S. gross domestic product, or $2.6 trillion, in 2022. U.S. Bureau of Econ. Analysis, *Measuring the Digital Economy* (Dec. 6, 2023), *https://apps.bea.gov/scb/infographics/2024/0224-scb-infographic-digital-economy.pdf.*

(38) See generally Letter from Karyn A. Temple, Register of Copyrights & Dir., U.S. Copyright Office, to Thom Tillis, Chairman, S. Comm. on the
Judiciary, Subcomm. on Intell. Prop., and Christopher A. Coons, Ranking Member, S. Comm. on the Judiciary, Subcomm. on Intell.
Prop., Explanation of U.S. Copyright Office Registration Processes and Challenges, at 3-6 (May 31, 2019) (noting that registration,
augmented by recordation, provides the public with authoritative information about millions of vetted copyright claims, promotes
judicial efficiency in infringement actions, and assists the Library of Congress in growing its collections).

(39) 17 U.S.C. 410(c).

(40) Id. at 411(a). A purported copyright owner can still bring suit in federal court if the Copyright Office refuses registration,
but the refusal must be issued before the claim is filed. See Fourth Estate Pub. Ben. Corp. v. Wall-Street.com, LLC, 586 U.S. 296, 308 (2019).

(41) 17 U.S.C. 412.

(42) Through copyright registration and the mandatory deposit provision of the copyright law, the Copyright Office acquires published
copyrighted works that the Library of Congress can select for its collections. See id. at 407-408.

(43) U.S. Copyright Office, Fiscal 2024 Annual Report 5 (2025), https://copyright.gov/reports/annual/2024/ar2024.pdf.

(44) In the study of the Office's costs for the last fee adjustment, the external consultant likewise recommended that the Office
target a 60% cost recovery from fees. Booz Allen Hamilton, 2017 Fee Study Report 2 (2017), https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf.

(45) See Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act,
2026, Public Law 119-37, 139 Stat. 578 (2025).

(46) See generally Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act,
2026, Public Law 119-37, 139 Stat. 578 (2025).

(47) See 17 U.S.C. 708(b)(4) (requiring that fees for services specified in paragraphs (1)-(9) of subsection (a) “be fair and equitable
and give due consideration to the objectives of the copyright system”).

(48) See U.S. Gov't Accountability Office, Federal User Fees: A Design Guide (May 2008), http://www.gao.gov/assets/210/203357.pdf.

(49) Office of Mgmt. and Budget, Circular No. A-25 (2017), https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.

(50) CPI Inflation Calculator, U.S. Bureau of Lab. Statistics, https://www.bls.gov/data/inflation_calculator.htm (last visited Mar. 6, 2026). As noted earlier, the median CPI increased approximately 23% since the fee adjustment based on
those costs went into effect in 2020. Id.

(51) Id.

(52) 17 U.S.C. 708(b)(2).

(53) In the tables below, the Office provides the actual costs associated with each fee.

(54) 17 U.S.C. 708(a)(1).

(55) FRD Report at 1-2.

(56) At the time of the last adjustment in 2020, the Office estimated a 69% cost recovery for the fee set for the Standard Application.
U.S. Copyright Office, Proposed Schedule and Analysis of Copyright Fees to Go into Effect in Spring 2020 at 24 (2019), https://www.copyright.gov/rulemaking/feestudy2018/proposed-fee-schedule.

(57) 17 U.S.C. 708(b)(4).

(58) If implemented, the Office would retire Circular 11 and remove the relevant sections of the Compendium that discuss the Single Application. Any draft Single Application that was previously created and saved in the electronic
registration system would be permanently discarded.

(59) In 2012 the Office proposed to increase the fee for submitting an application through the electronic registration system—the
first such increase since the system was introduced. 77 FR 3506 (Jan. 24, 2012); 77 FR 18743 (Mar. 28, 2012) (proposing to
increase the fee for filing an electronic registration application from $35 to $65). The Office also proposed to create a
new application with a lower filing fee which could be used to register one work by a single author. The Single Application
was made available to the public in June 2013, and the filing fee for this service was set at $35.78 FR 38843, 38845 (June
28, 2013); 79 FR 15910 (Mar. 24, 2014).

(60) For example, the Single Application cannot be used to register works made for hire or works that contain material that was
not created by the author named in the application. 37 CFR 202.3(b)(2)(i)(B)(1), (3).

(61) This issue has persisted despite efforts to refine the application and clarify the eligibility requirements. See 83 FR 5227 (Feb. 6, 2018) (detailing past effort to enhance Single Application in 2017 and proposing additional enhancements);
83 FR 66627 (Dec. 27, 2018) (final rule implementing proposed enhancements).

(62) In a few cases, the Office did not discover these defects until after the claim was approved, and as a result, the registration
was cancelled. See, e.g., VA0002207506, VA0002207503, VA0002207504 (cancelled because works made for hire cannot be registered with the Single Application).

(63) For instance, an applicant that initially submits a Single Application but, after refusal, resubmits the

  same claim on the Standard Application would pay a total of $110 under the current fee schedule: $45 for erroneously submitting
  the work on the Single Application plus $65 to resubmit the work on the Standard Application.

(64) By contrast, the number of basic claims submitted on the Standard Application remained stable.

(65) Average cost with physical deposit is $151.76. Average cost with electronic deposit is $124.38.

(66) Average cost with physical deposit is $139.04. Average cost with electronic deposit is $111.59.

(67) Average cost with physical deposit is $182.93.

(68) See 17 U.S.C. 408(c)(1).

(69) Though this increase is slightly above the historical and projected inflation rate described above, the cost recovery for
most options would remain under 60%.

(70) 17 U.S.C. 708(b)(4).

(71) U.S. Copyright Office, Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges 3 (2019), https://www.copyright.gov/policy/visualworks/senate-letter.pdf (noting that “photographers might take over one thousand photographs in a single session”).

(72) See Coalition of Visual Artists, Comments Submitted in Response to U.S. Copyright Office's Dec. 10, 2021, Deferred Registration
Examination Study NOI at 6, 10 (Jan. 24, 2022); Copyright Alliance, Comments Submitted in Response to U.S. Copyright Office's
Dec. 10, 2021, Deferred Registration Examination Study NOI at 31-32 (Jan. 24, 2022); Shaftel & Schmelzer, Comments Submitted
in Response to U.S. Copyright Office's Dec. 10, 2021, Deferred Registration Examination Study NOI at 12-13 (Jan. 22, 2022).

(73) This fee has not changed since 2014. 79 FR 15910 (Mar. 24, 2014).

(74) As discussed above, applicants are currently able to submit up to 750 photos with each group registration application. The
Office intends to increase this limit substantially when the new ECS registration system is made available to the public. See Copyright Public Modernization Committee Meeting (Oct. 10, 2024) (statement of Robert Kasunic, Dir., Office of Registration
Policy & Practice (explaining that the new system is capable of receiving “between 1500 and 2000 files” and confirming that
the Office “definitely . . . anticipate[s] raising the number [of photos permitted on a group registration application], which
would effectively lower the cost”)).

(75) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(76) This is the average cost with an electronic deposit. The average cost with physical deposit is $177.84.

(77) This is the average cost with an electronic deposit. The average cost with physical deposit is $132.59.

(78) Total cost for group registration of newspapers is $691.56. Total cost for group registration of newsletters is $653.65.

(79) Total cost with physical deposit is $245.97. Total cost with electronic deposit is $218.90.

(80) For stakeholders' public comments in response to past notices of inquiry and proposed rulemakings, see, e.g., Coalition of Visual Artists, Comments Submitted in Response to U.S. Copyright Office's Dec. 10, 2021, Deferred Registration
Examination Study NOI at 21 (Jan. 24, 2022); Shaftel & Schmelzer, Comments Submitted in Response to U.S. Copyright Office's
Dec. 10, 2021, Deferred Registration Examination Study NOI at 21-23; Shaftel & Schmelzer, Comments Submitted in Response to
U.S. Copyright Office's Oct. 17, 2018, Registration Modernization NOI at 8 (Jan. 11, 2019); Coalition of Visual Artists, Comments
in Response to U.S. Copyright Office's Dec. 1, 2016, Group Registration of Photographs NPRM at 17 (Jan. 30, 2017); Graphic
Artists Guild, Comments in Response to U.S. Copyright Office's Apr. 24, 2015, Copyright Protection for Certain Visual Works
NOI at 9 (July 20, 2015); Graphic Artists Guild, Comments in Response U.S. Copyright Office's Mar. 28, 2012, 2014 Fee Study
NPRM at 5 (May 14, 2012).

(81) See Strategic Plan 2022 at 7.

(82) 17 U.S.C. 1310(a).

(83) Special handling fees are charged in addition to the otherwise applicable processing fees.

(84) See 37 CFR 202.5(f).

(85) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(86) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(87) See 17 U.S.C. 708(a)(4), (6).

(88) The Office uses an online system for designating an agent under 17 U.S.C. 512(c)(2) that is separate from the online recordation
system. DMCA Designated Agent Directory, U.S. Copyright Office, https://www.copyright.gov/dmca-directory/ (last visited Mar. 6, 2026).

(89) See, e.g., 17 U.S.C. 205(c).

(90) See 17 U.S.C. 1401.

(91) FRD Report at 29.

(92) See 17 U.S.C. 512.

(93) As noted above, special handling fees are charged in addition to the otherwise applicable processing fees.

(94) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(95) According to FRD, “[t]he total costs of recording these documents, incorporating direct and indirect costs, range from $245.89
to $1,131.50.” FRD Report at 28.

(96) Average cost with electronic submission is $403.63. Average cost with paper form is $432.58.

(97) To allow simple comparison between titles provided on electronic or paper title lists, FRD calculated the cost of processing
groups of ten additional titles. The total cost per group of ten titles provided electronically is $88.31.

(98) Under the current fee schedule, this tier covers 10,001 or more additional works and alternate identifiers.

(99) Average cost with electronic submission is $4,121.08. Average cost with paper form is $4,150.03.

(100) The FRD Report does not separately distinguish retrieval costs, instead assessing the cost of “other search and retrieval
activities” at $655.14.

(101) See 79 FR 15910, 15917 (Mar. 24, 2014).

(102) 85 FR 9374, 9384 (Feb. 19, 2020).

(103) The fees for retrieval, copying, and certification services specific to the Copyright Claims Board are codified separately
and are not affected by this proposed fee schedule. See 37 CFR 201.3(g).

(104) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(105) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(106) This fee covers copying for all media types.

(107) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(108) The Licensing Section administers aspects of statutory licenses for secondary transmissions by cable systems (section 111),
and ephemeral recordings (section 112), as well as statutory licenses for the public performance of sound recordings by means
of a digital audio transmission (section 114), making and distributing phonorecords of nondramatic musical works (section
115), secondary transmissions for satellite carriers (section 119), secondary transmissions by satellite carriers for local
retransmissions (section 122), and the distribution of digital audio recording devices and media (section 1003).

(109) See 17 U.S.C. 708(a).

(110) Cable system filings decreased by approximately 11% between fiscal years 2023 and 2024; and satellite filings remain low,
with only six received from two filers in fiscal year 2024.

(111) For costs marked “N/A,” there was insufficient volume to calculate costs. To determine proposed adjustment, the Office studied
analogous service costs.

(112) All fees collected in the course of providing FOIA services are to be deposited into the Treasury of the United States. The
Freedom of Information Reform Act of 1986; Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 FR 10012, 10017
(Mar. 27, 1987) (directing that funds collected for providing FOIA services must be deposited into general revenues of United
States and not into agency accounts).

(113) 37 CFR 203.11(a)(1).

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