Copyright Deposit Requirement

No one is required to register his or her copyright. As I discussed earlier, failure to register a copyright limits the remedies available to copyright holders against those who infringe upon their works, but creators of original works still hold a copyright regardless of whether they decided to register it.

Despite the voluntary nature of registration, however, the Copyright Act requires that all works published within the United States be deposited with the Copyright Office within three months of publication.

For these purposes, publication is the “distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership or by rental, lease, or lending.”

To satisfy the deposit requirements of the law, the owner of the copyright must deposit two copies of the work with the Copyright Office for the use of the Library of Congress.

Satisfying the Deposit Requirement

You may satisfy the deposit requirements simply by mailing the required copies of the work to the address below:

Library of Congress
Copyright Office
Attn: 407 Deposits
101 Independence Avenue, SE
Washington, DC 20559-6000

Alternatively, however, you may satisfy the requirement by registering your copyright. This is certainly the preferred method as it not only satisfies the deposit requirement established by law, but, as I have discussed elsewhere, it also provides you with significant protections otherwise unavailable.

Failure to Deposit

The law requires that all works published within the United States meet the deposit requirements set out above. However, the government generally does not enforce this requirement punitively without notice.

While fines and penalties exist for non-compliance, you should not worry about being blindsided. The federal government will typically provide written notice before imposing penalties.

If you have failed to make the required deposit, the federal government will provide you with a written demand to comply, giving you approximately three months to submit the materials.

Regardless of government enforcement, failure to deposit constitutes a breach of your legal obligations. Your best option is to register your copyright within three months of publication—this satisfies the deposit requirement and provides stronger legal protections.

Exceptions

Original works that are only available online are not subject to the mandatory deposit rules until the federal government issues a written demand for their deposit.

A unique aspect of this exception is the concept of the “electronic serial,” that is, works that are published online according to a set schedule. If the Copyright Office provides a deposit demand for the serial, that demand extends to future parts of the work not yet published. No additional notice is required.

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Disclaimer: This post is for informational purposes only and is not legal advice. Consult a qualified attorney about your specific situation.

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Sources:

Copyright Basics

Mandatory Deposit of Copies or Phonorecords for the Library of Congress

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