Overview
In May 2021, Senate Judiciary Intellectual Property Subcommittee Ranking Member Thom Tillis requested that the Copyright Office study the costs, benefits, and feasibility of creating a new option for copyright registration where the examination of a claim could be deferred until requested by the applicant.
Proponents of a deferred examination option cite the costs of registering multiple works that photographers and other visual artists face as a deterrent from registering a significant portion of their works under the current registration scheme. Proponents also cite the potential benefit of conserving the Copyright Office’s resources by eliminating the need to examine every application upon receipt. Other stakeholders, however, oppose a deferred examination option citing (1) potential adverse effects, including eroding the reliability of the public record given that many applications might never be examined, and (2) interference with the Library of Congress’ collection by creating a scenario where the Copyright Office holds deposit copies of works indefinitely if the examination is deferred.
Ultimately, the Copyright Office did not recommend moving forward with a deferred examination option. The Copyright Office found that offering such an option would not necessarily result in cost savings since the registration system’s efficiency would be lost when the full examination is delayed to a later date. In addition, such an option would create the risk of confusion regarding parties’ rights, negatively impacting the reliability of the public record.
