Copyright Office Allows Proxy Submissions for Physical Copies

The Copyright Office said it will process applications requiring a physical copy of the work if the applicant swears an accompanying electronic copy is identical, its latest process change to adjust to the new coronavirus outbreak.

According to the Thursday announcement, office employees working remotely can examine and register all works requiring physical “best edition” deposits through electronic copies. Two weeks earlier, the office said it wasn’t processing physical deposits because of the coronavirus pandemic emergency, but all applicants who paid for expedited handling could get their work registered.

Copyright applicants must register their works before they can file a copyright infringement lawsuit.

The office, part of the Library of Congress, has continued to process works that can be submitted in a fully electronic application normally. But applications for many other types of works must include a physical “best edition” deposit such as a book or DVD.

Now applicants can upload an electronic copy that they declare, under penalty of perjury, is identical to the required physical copy mailed to the Copyright Office. Applicants still must submit a physical copy to the office, if one is required.

The effective registration date is the date an entire application, including a physical deposit, is received. Before the latest change, remote office employees couldn’t process applications because they can’t examine physical deposits.

The office has had a similar requirement—applicants’ promise that a submitted electronic copy is identical to the real thing—for applications with an expedited approval request.

The office said it may contact authors who filed applications and submitted their physical deposit before April 2 to offer the option of uploading the electronic proxy. Newer applications requiring a physical deposit will have the option from the start.