37 C.F.R. § 205.13

Complaints served on the Register of Copyrights pursuant to 17 U.S.C. 411(a)

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When an action has been instituted pursuant to 17 U.S.C. 411(a) for infringement of the copyright of a work for which registration has been refused, notice of the institution of the action and a copy of the complaint must be served on the Register of Copyrights by sending such documents to the General Counsel of the Copyright Office to the General Counsel of the Copyright Office via email to [email protected]. The notice must be in the form of a letter, as an attached file, that is clearly identified as a 411(a) notice. Both the letter and the email's subject line should state: “Section 411(a) Notice to the Register of Copyrights.” Attachments must be submitted in Portable Document Format (PDF), assembled in an orderly form, and uploaded as individual electronic files (i.e., not .zip files). Attachments to a single email should be no greater than 20 MB in total. The files must be viewable, contain embedded fonts, and be free from any access restrictions (such as those implemented through digital rights management) that prevent the viewing and examination of the file. If submission of a notice via email is not feasible, please contact the Office of the General Counsel by telephone during normal business hours at 202-707-8380. In compliance with Fed. R. Civ. P. Sec. 4(i), a notice of the institution of the action and a copy of the complaint must also be served on both the United States Attorney for the district in which the action is brought and the United States Department of Justice, directed to the Attorney General, Attn: Director of Intellectual Property Staff, Civil Division, Department of Justice, Washington, DC 20530.

[69 FR 39334, June 30, 2004, as amended at 73 FR 37840, July 2, 2008; 82 FR 9365, Feb. 6, 2017; 85 FR 10604, Feb. 25, 2020]

Notes of Decisions

Cited in 3 cases, 2009–2015 · leading case: I.C. v. Delta Galil USA, 135 F. Supp. 3d 196 (S.D.N.Y. 2015).

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I.C. v. Delta Galil USA, 135 F. Supp. 3d 196 (S.D.N.Y. 2015). · cites it 4× “§ 411 (a) and 37 C.F.R. § 205.13 , plaintiff served a notice of initiation of this action and a copy of the complaint on the Register of Copyrights by certified mail on September 12, 2014.”

Brooks-Ngwenya v. Indianapolis Pub. Schs., 564 F.3d 804 (7th Cir. 2009). “§ 411 (a), 37 C.F.R. § 205.13 . The requirement “merely provides that the Office must be accorded a second opportunity to express its views on the claim’s validity after suit is filed if it has refused to recognize the claim before the suit is filed.”

Angela Brooks-Ngwenya v. Indianapolis Pub. (7th Cir. 2009). “§ 411 (a), 37 C.F.R. § 205.13 . The requirement “merely provides that the Office must be accorded a second op- No.”

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