Electronic Delivery of Litigation Notices Under Sections 411 and 508
Under sections 411 and 508 of the Copyright Act, certain persons are required to notify the Register of Copyrights about copyright litigation. A new rule allows these notices to be sent to the Copyright Office via email.
Section 411
Sections 411(a) and 411(b) each define circumstances in which the Register of Copyrights must be notified of civil copyright lawsuits so that the Register may participate in the case.
Section 411(a) provides that a copyright claimant who filed an application to register a work but whose application was refused by the Copyright Office must inform the Register when initiating a lawsuit alleging infringement of that work. To submit the required notification under section 411(a), the party should email the required documentation to the Office at the email address: .
Section 411(b) provides that if a party in a copyright infringement lawsuit alleges that a certificate of registration issued by the Copyright Office contains inaccurate information that was knowingly included in the application, then a court shall ask the Register to advise whether the Register would have refused registration had the Register been aware of the inaccuracy.
To submit a request to the Register under section 411(b), the court should email the request and any relevant documents to the Office at the email address: according to the procedures put in place by the Administrative Office of the United States Courts.
Section 508
Section 508 of the Copyright Act requires the clerks of the courts of the United States to notify the Copyright Office of the names and addresses of the parties and the title, author, and registration number of each work involved in any copyright infringement suit. Within one month after any final order or judgment is issued in a copyright infringement case, the clerk must also send the Office a copy of the order or judgment and any written opinion.
The Administrative Office of the United States Courts has created a form (“AO-121”) to aid the courts in complying with these notice requirements, which is available at: https://www.uscourts.gov/forms/other-forms/report-filing-or-determination-action-or-appeal-regarding-copyright/. The court should email the completed form to the Office at the email address: according to the procedures put in place by the Administrative Office of the United States Courts.