The exclusive remedy of the owner of material protected by statutory copyright (17 U.S.C. § 101, et seq.) against unauthorized use by the government or its contractors is by suit against the United States in the Court of Federal Claims. 28 U.S.C. § 1498(b). The use by the contractor must have been with the authorization or consent of the government.

Any suit for copyright infringement brought against the government in a district court should be brought to the attention of the Commercial Litigation Branch. Such a suit will be handled or monitored by that Branch. Suits for copyright infringement against the United States Postal Service may be brought in the district courts. See 39 U.S.C. § 409(a). Such suits are defended by the Department of Justice on behalf of the Postal Service. See 39 U.S.C. § 409(d).

A suit for infringement of an unregistered copyright may be brought against a private party provided the Register of Copyrights is also named as a party defendant. See 17 U.S.C. § 411(b). Any such complaint should be immediately brought to the attention of the Commercial Litigation Branch and the General Counsel, Copyright Office, Washington, D.C. 20540. If the Register of Copyrights decides to appear and defend such suit, the suit will be handled by the Commercial Litigation Branch or under its supervision.

[updated April 2018]