Compendium of US Copyright Office Practices, II (1984)/800

by US Copyright Office

Chapter 800

DEPOSIT FOR REGISTRATION

Outline of Topics

801⁠Applicability of this chapter.
802⁠Statutory provisions.
803⁠Quantity and content of material deposited: in general.
804⁠Unpublished works.
804.01⁠Published works.
804.02⁠Published works: number of copies or phonorecords.
805⁠Published works: the meaning of "complete."
805.01⁠The meaning of "best edition."
805.02⁠Quantity and content of material deposited: special situations.
805.03⁠Unpublished works: the meaning of "complete."
806⁠Unpublished works: nature of copy.
806.01⁠Works reproduced in or on three-dimensional objects.
806.02⁠Oversize copies.
806.03⁠Holograms.
806.04⁠Unpublished pictorial or graphic works.
806.05⁠Pictorial or graphic works published in certain limited editions.
806.06⁠Published commercial prints or labels.
806.07⁠Published tests and answer material.
806.08⁠Secure tests.
806.09⁠Pictorial or graphic works reproduced in or on sheetlike materials.
806.10⁠Pictorial or graphic works reproduced on sheet­ like materials published only in or on three­ dimensional objects.
806.11⁠Separate registration for work embodied only in a motion picture soundtrack.
806.12⁠Machine-readable works.
806.13⁠Motion pictures.

807 Motion Picture Agreement.
807.01⁠Who may enter into the Agreement.
807.02⁠Who may sign the Agreement.
807.03⁠Return of deposit copy under the Agreement.
807.04⁠Recall of the deposit copy under the Agreement.
807.05⁠Quality of copy deposited under the Agreement.
807.06⁠Supplemental property Agreement.
807.07⁠Termination of the Motion Picture Agreement.
808⁠Special relief from the deposit requirements for registration.
808.01⁠Special relief: in general.
808.02⁠Special relief: criteria.
808.03⁠Special relief: procedures.
808.04⁠Special relief: continuous or ongoing grants.
809⁠Relationship of deposit for registration to mandatory deposit under 17 U.S.C. 407.
810⁠Appendix.

Chapter 800

DEPOSIT FOR REGISTRATION

801

Applicability of this chapter. The provisions of this chapter are applicable to works for which an application for copyright registration is made on or after January 1, 1978.

802

Statutory provisions. At any time during the sub­sistence of copyright in any published or unpub­lished work, the owner of copyright or of any exclusive right in the work may apply for regis­tration of the copyright claim by delivering to the Copyright Office the application and fee specified by sections 409 and 708 of the copyright law (see Chapter 700: APPLICATIONS AND FEES), along with the deposit specified in section 408 of the copyright law and explained in this chapter. See 17 U.S.C. 408(a). Except as modified by the Copyright Office Regulations adopted pursuant to the provisions of 17 U.S.C. 408(c), the deposit for registration shall consist of:

1)

For an unpublished work, one complete copy or phonorecord;

2)

For a work first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published:

3)

For a work first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition:

4)

For a work first published outside the United States, one complete copy or phonorecord as so published:

5)

For a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work.

See 17 U.S.C. 408(b).

NOTE: The Register of Copyrights is authorized by the law to specify by regulation the administrative classes into which works are to be placed for pur­poses of deposit and registration and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration and an atten­dant deposit for a group of related works. See 17 U.S.C. 408(c)(1). The Register is directed by the law to establish regulations specifically permitting, under certain conditions, a single registration for

a group of contributions to periodicals by the same author published within a twelve-month period. See 17 U.S.C. 408(c)(2).

803

Quantity and content of material deposited: in gen­eral. The statute authorizes the Register of Copy­rights to specify by regulation the quantity and content of the material to be deposited. The regu­lations lessen the requirements in many cases by reducing the necessary deposit for published works from two copies or phonorecords to one, by permitting the deposit of identifying material instead of a copy or phonorecord, and by providing for specially tailored relief from the deposit requirements in cases of unnecessary hardship or in unusual circumstances, through the mechanism of "special relief." These regulations also require, in some cases, the deposit of identifying material instead of the copy or phonorecord otherwise required. Exceptions to the basic deposit requirements are explained in detail in sections 804 through 806 below.

804

Unpublished works. The statute requires for unpublished works that one copy or phonorecord be deposited, and that the single copy or phonorecord be "complete." See 17 u.s.c. 408(b)(l).

804.01

Unpublished works: the meaning of "complete."

Generally, the requirement that an unpublished copy or phonorecord be "complete" means that it must embody the entire copyrightable content of the work for which registration is sought. See 37 C.F.R. 202.20(b)(2)(i). For unpublished motion pictures, the deposit regulations give the term "complete ll a special meaning as set forth in section 806.l3(a) below.

804.02

Unpublished works: nature of copy. The general rule that only one complete copy is required is modified for certain types of works. For some works, identifying material mayor must be substituted for the actual copy required. In other cases, additional material must accompany the single copy deposited. The special requirements for each specific type of work are explained later in this chapter, at the sections cited below.

804.02(a)

Identifying material. If the following are unpublished, identifying material mayor must be submitted:

1)

Certain pictorial and graphic works (see sections 806.04 and 806.05 below);

2)

Machine-readable works such as com­puter programs and data bases (see section 806.12 below);

3)

Works on sheetlike materials (see sections 806.09 and 806.10 below);

4)

Three-dimensional works (see section 806.01 below);

5)

Works as embodied in a motion picture soundtrack (see section 806.11 below);

6)

Oversize copies of any type (see sec­tion 806.02 below);

7)

Motion pictures (see sections 804.02(b) and 806.l3(a) below).

804.02(b)

Additional material. The following are unpublished works for which the deposit of a single copy must be accompanied by addi­tional material of some kind:

1)

Motion pictures (see section 806.13 below);

2)

Holograms (see section 806.03 below).

805

Published works. Three general requirements apply to the deposit of works first published in the united states: (1) two copies or phonorecords must be deposited: (2) the copies or phonorecords must be "comp1ete": and (3) the copies or phonorecords must be the "best edition" of the work, as defined by the statute. See 17 U.S.C. 408(b)(2).

805.01

Published works: number of copies or phono­records. Although two copies or phonorecords are generally required for registration of published works, the statute empowers the Register of Copyrights to specify that the deposit shall be one copy or phonorecord for

particular types of works. See 17 U.S.C. 408(c)(1). The deposit regulations (37 C.F.R. 202.20(c)(2)(i) state that the deposit of only one copy or phonorecord will suffice in lieu of two copies or phonorecords for certain works:

1)

Published three-dimensional cartographic representations of area, such as globes and relief models:

2)

Published diagrams illustrating scientific or technical works or formulating scien­tific or technical information in linear or other two-dimensional form, such as an architectural or engineering blueprint, or a mechanical drawing:

3)

Published greeting cards, picture postcards, and stationery:

4)

Lectures, sermons, speeches, and addresses published individually, and not as a col­lection of the works of one or more authors:

5)

Published contributions to a collective work:

6)

Musical compositions published in copies only or in both copies and phonorecords, if the only publication of copies took place by rental, lease, or lending:

7)

Published multimedia kits which are pre­pared for use in systematic instructional activities and which include literary works, audiovisual works, sound record­ings, or any combination of such works:

8)

Works consisting of multiple parts that are packaged and published in a flat-sided box or similar container, of no more than 12 by 24 by 6 inches, and that include among the copy­rightable elements of the work, in addition to any copyrightable element on the box or other container, three or more three-dimen­sional, physically separable parts. See 37 C.F.R. 202.20(c)(2)(i)(H), 37 C.F.R. 202.20(c)(2)(ix)(B)(5), and section 806.01(a)(4) below: and

9)

Motion pictures.

805.02

Published works: the meaning of "complete". In general, the requirement that published copies or phonorecords be "complete" means that they should be physically undamaged and include all elements of the applicable unit of publication of the work, including elements that, if considered separately, would not be copyrightable subject matter. See 37 C.F.R. 202.20(b)(2)(ii).

805.02(a)

Complete copies: missing parts. Where certain physically separable elements are missing from the deposit, a copy or phono­record will still be accepted as a complete copy, if:

1)

All the parts of the work for which registration is sought are present; and

2)

The removal of the missing elements did not physically damage the copy or phono­record or garble its contents; and

3)

The work is exempt from mandatory deposit under section 407 of the copyright law (see 17 U.S.C. 407, and 37 C.F.R. 202.19(c)) or the copy deposited consists entirely of a container, wrapper, or holder which is exempt from the identifying material requirements because it can be stored flat. See section 806.01 (a) below.

805.02(b)

Complete copies: special situations. In particular situations, the deposit regula­tions give a special definition of the word "complete" when it applies to certain pub­lished works.

805.02(b)(1)

Contributions to collective works. A complete copy or phonorecord of a pub­lished contribution to a collective work is either the entire collective work, in­cluding the contribution or, if the col­lective work is a newspaper, the entire section of the paper which includes the contribution. See 37 C.F.R. 202.20(b)(2)(iii).

805.02(b)(2)

Published sound recordings. In the case of a published sound recording, a com­plete phonorecord includes the phonorecord and any visually perceptible material which is published with it, such as text or pictorial matter on album covers on record sleeves, or leaflets or booklets included in an album. See 37 C.F.R.202.20(b)(2)(iv).

Example:

A phonorecord is published with an album cover, a sleeve with text, and a poster picturing the performing artist. The complete deposit of the sound recording is the phonorecord plus all the additional material described above as the unit of publication.

805.02(b)(3)

Music published only by rental, lease, or lending. In the case of a musical compo­sition published in copies only, or in both copies and phonorecords, if the only publication of copies took place by the rental, lease, or lending of a full score and parts, a full score is a complete copy: and if the only publication of copies took place by the rental, lease, or lending of a conductor's score and parts, a conductor's score is a complete copy. See 37 C.F.R. 202.20(b)(2)(v).

805.02(b)(4)

Motion pictures. A special definition of "complete" applies to published motion pictures. A copy of a motion picture is complete if:

• the reproduction of all of the visual and aural elements constituting the copyrightable subject matter in the work is clean, undamaged, undeteriorated, and free of splices, and the copy itself and its physical housing are free of any defects that would interfere with the performance of the work or that would cause me­chanical, visual, or audible defects or distortions. See section 806.13 below.
• the copy itself and its physical housing are free of any defects that would interfere with the performance of the work or that would cause mechanical, visual, or audible defects or distortions. See section 806.13 below.

805.03

The meaning of "best edition." The copyright law generally requires that a deposit of a published work be the "best edition" of the work. See 17 U.S.C. 408(b)(2). The "best edition" of a published work is lithe edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes" See 17 U.S.C. 101.

805.03(a)

Library of Congress statement of policy. The Library of Congress has published a policy statement entitled "Best Edition of Published Copyrighted Works for the Collections of the Library of Congress" (referred to hereinafter as the "Best Edition Statement" or the "Statement"). This policy statement is not a part of the copyright statute, nor is it a Copyright Office regulation. It expresses, by listing the criteria for choosing among several editions of a work, part of the current acquisitions policies of the Library of Congress with respect to certain works.

Examples:

1)

In 1978, a copyright owner publishes a novel in both paperback and hardback editions. There was no difference in the content of the book between the paperback and the hardback. The Best Edition state­ment was used to choose between the two. According to the criteria listed in the Best Edition statement, the hardback was determined to be the best edition.

2)

In 1980, a copyright owner published an architectural treatise on ordinary paper and on archival quality paper. According to the criteria specified in the Best Edition Statement, the archival quality paper was chosen as the best edition.

NOTE: The text of the "Best Edition of Pub­lished Copyrighted Works for the Collections of the Library of Congress" may be found in the Appendix to this chapter.

805.03(b)

If no specific criteria in Best Edition Statement. Where no specific criteria for selection of the best edition are included in the Best Edition Statement for a given work, and where the Copyright Office is aware that two or more editions of a work have been published, the Office will consult with appro­priate officials in the Library of Congress.

Example:

Where an audiovisual work was published in two editions, one on a filmstrip and the other as a set of slides, the Office will consult with appropriate officials in the Library of Congress, since this situation is not covered in the Best Edition Statement.

805.03(c)

Difference in copyrightable content. Where there is a difference in copyrightable con­tent between two or more editions of a work, each edition which contains new copyrightable authorship is subject to separate deposit and registration. Consequently, the Best Edition statement, based on such differences, does not apply.

Example:

In 1978, a copyright owner published a novel in hardback without annotations, and later published the novel in hardback with extensive annotations. In this case, new copyrightable matter was added to the second book. Thus, the second book is considered a separate work for purposes of deposit and registration, and therefore the Best Edition Statement, based on such differences, does not apply.

805.03(d)

Exceptions to the. requirement of the best edition. There are two important exceptions to the general requirements of the best edi­tion explained above. These exceptions are for works first published before January 1, 1978, but submitted for registration after that date, and works first published outside the United States, whenever published.

805.03(d)(1)

A work first published in the United States before January 1, 1978. Generally the required deposit for any work which was first published in the United States before January 1, 1978, is two complete copies or phonorecords of the work as first published. See 37 C.F.R. 202.20(c)(1)(ii).

805.03(d)(2)

A work first published outside the United States at any time. Generally, the re­quired depos1t for works first published outside the United States, whenever pub­lished, is one complete copy or phono­record of the work as first published. See 37 C.F.R. 202.20(c)(1)(iv).

805.03(d)(3)

Works first published simultaneously within and outside the United States. If a work was first published simultaneously within and outside the United States, it is considered, for the purposes of this section, to have been first published in the United States. See 37 C.F.R. 202.20(c)(1)(iv).

NOTE: "First published simultaneously," for this purpose, means first published on the same date.

806

Quantity and content of material deposited: special situations. The following are special situations with respect to the quantity and content of material deposited for registration.

806.01

Works reproduced in or on three-dimensional objects. In the case of works reproduced in or on three-dimensional objects, identifying material is required as a deposit.

806.01(a)

Works reproduced in or on three-dimensional objects: when this modification applies. Identifying material must be subm1tted instead of a copy or copies when the deposit would ordinarily be a three-dimensional sculptural work. Examples are statues, carvings, ceramics, and models. This requirement applies to both unpublished and published works. Subject to the exceptions below, the requirement also applies to any two-dimensional or three-dimensional work which has been fixed (if unpublished) or published only in the form of jewelry, toys, dolls, games, or any three-dimensional useful articles. See 37 C.F.R. 202.20(c)(2)(ix)(A).

NOTE: The following are exceptions to the general requirements of submitting identi­fying material instead of an actual copy or copies:

1)

Works that are reproduced by intaglio or relief printing methods on two-dimen­sional materials such as paper or fabrics.

2)

Three-dimensional cartographic represen­tations of area, such as globes and relief models. In the case of a globe, one actual copy of the three-dimensional globe, and the stand or any material pub­lished with it, is the complete deposit.

3)

Works that have been fixed or published in or on a useful article which is one of the elements of the unit of publication of a multimedia kit (an educational or instructional kit which also includes a literary or audiovisual work, a sound recording, or any combination of such works). See 37 C.F.R. 202.20(c)(ix)(B)(3).

4)

Works consisting of multiple parts that are packaged and published in a flat­ sided box or similar container, of no more than 12 by 24 by 6 inches, and that include among the copyrightable elements of the work, in addition to any copy­rightable element on the box or other container, three or more three-dimen­sional, physically separable parts.

5)

Works reproduced on three-dimensional containers which are capable of flat storage and which, when opened, slit, or folded, do not exceed 96 inches in any dimension. The container must be capable of being flattened in such a way that the copyrightable material on the container is not damaged.

806.01(b)

Works reproduced in or on three-dimensional objects: what must be deposited. When identifying material is required, it must comply with the specifications below. See 37 C.F.R. 202.21.

806.01(b)(1)

Type of material. Identifying material consists of a two-dimensional reproduc­tion or rendering of the work in some

form which is visually perceivable with­ out the aid of a machine or device. The identifying material may consist of photo­ graphic prints, transparencies, photo­copies, drawings, or a similar rendering of the work.

806.01(b)(2)

Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required.

806.01(b)(3)

Content of pieces.

• Copyrightable content. The identi­fying material must clearly show the entire copyrightable content of the work for which registration is sought.
• Copyright notice. In the case of works published with notice of copy­right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate­rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted.
• Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work.
• Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable con­tent of the work.
• Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object is pictorial or graphic, the identifying material must reproduce the actual colors employed in the work.}}

806.01(b)(4)

Size of pieces.

• Uniform size. All pieces, except separate drawings or similar repro­ductions of the copyright notice, must be of uniform size.
• Photographic transparencies. Photo­ graphic transparencies must be at least 35mm in size, and if 3 by 3 inches or less, they must be mounted in card­ board, plastic, or similar mounts to facilitate identification, handling, and storage. If the transparencies are larger than 3 by 3 inches, the Copyright Office prefers that they be mounted for easy handling, and may require such mounting in particular cases.
• All pieces except photographic trans­parencies. The preferred size for all pieces except photographic transpar­encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches.

806.02

Oversize copies. In the case of any copy which is oversize, identifying material is required as a deposit.

806.02(a)

Oversize copies: when this requirement applies. Identifying material must be submitted in lieu of an actual copy or copies whenever any single dimension of a deposit otherwise required under the regulations is larger than 96 inches. See 37 C.F.R. 202.20{c){2){ix).

806.02(b)

Oversize copies: what must be deposited. When identifying material is required, it must comply with the specifications below. See 37 C.F.R. 202.21.

806.02(b)(1)

Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceived without the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work.

806.02(b)(2)

Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required.

806.02(b)(3)

Content of pieces.

• Copyrightable content. The identi­fying material must clearly show the entire copyrightable content of the work for which registration is sought.
• Copyright notice. In the case of works published with notice of copyright, the notice and its position on the work must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and con­tent of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted.
• Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than life­ size, the image must be large enough to show clearly the entire copyright­able content of the work.
• Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work.
• Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object is pictorial or graphic, the identifying material must reproduce the actual colors employed in the work.

806.02(b)(4)

Size of pieces.

• Uniform size. All pieces, except separate drawings or similar repro­ductions of the copyright notice, must be of uniform size.
• Photographic transparencies. Photo­graphic transparencies must be at least 35mm in size. If the trans­parencies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and pre­serve: and the Copyright Office may require such mounting in particular cases.
• All pieces except photographic trans­parencies. The preferred size for all. pieces except photographic transpar­encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches.

806.03

Holograms. In the case of any work deposited in the form of a hologram, identifying material which complies with the specifications below must be submitted with the required copy or copies of the hologram. See 37 C.F.R. 202.20(c)(2)(iii).

806.03(a)

Holograms: when this modification applies. This requirement applies to both unpublished and published holograms.

806.03(b)

Holograms: what must be deposited. In addi­tion to the copy or copies required to be deposited for registration, there shall also be deposited for each such copy one set of additional items. The sets shall consist of the following: (1) precise instructions for displaying the image fixed in the hologram: and (2) identifying material which clearly shows the displayed image and complies with the requirements set forth below.

806.03(b)(1)

Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work.

806.03(b)(2)

Number of pieces. As many pieces as are necessary to show clearly the displayed image are required.

806.03(b)(3)

Content of pieces.

• Copyrightable content. The identi­fying material must clearly show the displayed image.
• Copyright notice. In the case of holograms published with notice of copyright, the notice and its position on the hologram must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and content of the notice on the hologram, and its specific position on the hologram.

  Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted.

• Title. At least one piece of identi­fying material must indicate, on its front, back, or mount, the title of the work.
• Image size. The identifying material must be large enough to show clearly the displayed image.

806.03(b)(4)

Size of pieces.

• Uniform size. All pieces must be of uniform size.
• Photographic transparencies. Photo­graphic transparencies must be at least 35mm in size. If the trans­parencies are 3 by 3 inches or less,

they must be mounted in a way that makes them easy to handle and pre­serve: and the Copyright Office may require such mounting in particular cases.

• All pieces except photographic trans­parencies. The preferred size for all pieces except photographic transparen­cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches.

806.04

Unpublished pictorial or graphic works. Identi­fying material may be deposited instead of an actual copy for all unpublished pictorial or graphic works.

806.04(a)

Unpublished pictorial or graphic works: when this modification applies. This provision applies to all unpublished pictorial or graphic works.

806.04(b)

Unpublished pictorial or graphic works: what must be deposited. Identifying material for unpublishe works is material which complies with the specifications given below.

806.04(b)(1)

Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identi­fying material may consist of photo­graphic prints, transparencies, photo­ copies, drawings, or a similar rendering of the work.

806.04(b)(2)

Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required.

806.04(b)(3)

Content of pieces.

• Copyrightable content. The identi­fying material must clearly show the entire copyrightable content of the work for which registration is sought.
• Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work.
• Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work.
• Color. The identifying material must reproduce the actual colors employed in the work.

806.04(b)(4)

Size of pieces.

• Photographic transparencies. Photo­graphic transparencies must be at least 35mm in size. If the transpar­encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases.
• Uniform size. All pieces except sepa­rate drawings or similar reproductions of the copyright notice, if any, must be of uniform size.
• All pieces except photographic trans­parencies. The preferred size for all pieces except photographic transpar­encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches.

806.05

Pictorial or graphic works published in certain limited editions. The deposit of either one complete copy of the work or identifying material complying with the specifications given below may be made in the case of pictorial or graphic works published in certain limited editions. See 37 C.F.R. 202.20(c)(2)(iv).

806.05(a)

Pictorial or graphic works published in certain limited editions: when this modifi­cation applies. This modification applies to published pictorial or graphic works only if the individual author is the owner of copy­right in the work, and either: (1) less than five copies of the work have been published, or (2) the work has been published and sold or offered for sale in a limited edition consisting of no more than 300 numbered copies.

806.05(b)

Pictorial or graphic works published in certain limited editions: what must be deposited. The applicant may deposit either one complete copy of the work or identifying material which complies with the specifica­tions given below. NOTE: It is not neces­sary that the copy deposited be one of the numbered copies of the limited edition.

806.06(b)(1)

Type of material. Identifying material consists of a two-dimensional reproduc­tion or rendering of the work in some

form which is visually perceivable with­ out the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work.

806.06(b)(2)

Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required.

806.05(b)(3)

Content of pieces.

• Copyrightable content. The identi­fy1ng material must clearly show the entire copyrightable content of the work for which registration is sought.
• Copyright notice. In the case of works published with notice of copy­right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate­rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted.
• Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work.
• Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work.
• Color. The identifying material must reproduce the actual colors employed in the work.

806.05(b)(4)

Size of pieces.

• Uniform size. All pieces except sepa­rate drawings or similar reproductions of the copyright notice must be of uniform size.
• Photographic transparencies. Photo­graphic transparencies must be at least 35mm in size. If the transpar­encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases.
• All pieces except photographic trans­parencies. The preferred size for all pieces except photographic transparen­cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches.

806.06

Published commercial prints or labels. Gen­erally, in the case of prints, labels, and other advertising matter published in connection with the rental, lease, lending, licensing, or sale of articles of merchandise, works of authorship, or services, the deposit of one complete copy of the work will suffice. There are two exceptions to this general rule set forth below. See 37 C.F.R. 202.20(c)(2)(v).

806.06(a)

Commercial prints or labels published in a larger work. In the case of a print or label published in a larger work, such as a news­paper or other periodical, one copy of the entire page or pages upon which it appears may be submitted in lieu of the entire larger work.

Example:

A soap company has published a half-page advertisement in a newspaper, and submits an application, fee, and the entire page on which the advertisement appears, taken from the newspaper. The deposit is acceptable.

806.06(b)

Commercial print or labels that are physi­cally inseparable from a three-dimensional object. In the case of a print or label which is physically inseparable from a three-dimensional object, identifying mate­rial which complies with the following specifications must be submitted rather than an actual copy unless the work is reproduced on three-dimensional containers which are capable of flat storage, and when opened, slit, or folded, do not exceed 96 inches in any dimension.In a case of this kind, the container must be capable of being flattened in such a way that the copyrightable matter on the container is not damaged. See 37 C.F.R. 202.20(c)(ix)(B)(6).

806.06(b)(1)

Type of material. Identifying material consists of a two-dimensional reproduc­tion or rendering of the work in some

form which is visually perceivable with­ out the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work.

806.06(b)(2)

Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required.

806.06(b)(3)

Content of pieces.

• Copyrightable content. The identi­fying material must clearly show the entire copyrightable content of the work for which registration is sought.}}
• Copyright notice.In the case of works published with notice of copy­right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate­rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted.
• Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work.
• Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work.
• Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object contains any pictorial or graphic matter, the iden­tifying material must reproduce the actual colors employed in the work. 806.06(b)(4)

806.06(b)(4)

Size of pieces.

• Uniform size. All pieces except sepa­rate drawings or similar reproductions of the copyright notice must be of uniform size.
• Photographic transparencies. Photo­graphic transparencies must be at least 35mm in size. If the transpar­encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve: and the Copyright Office may require such mounting in particular cases.
• All pieces except photographic trans­parencies. The preferred size for all pieces except photographic transparen­cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 or larger than 9 by 12.

806.07

Published tests and answer material. In the case of tests and answer material for tests which have been published separately from other literary works, one complete copy may be deposited in lieu of two copies. See 37 C.F.R. 202.20(c)(2)(vi).

806.08

Secure tests. A special deposit procedure is available for "secure tests." See 37 C.F.R. 202.20(c)(2)(vi).

806.08(a)

Secure tests: when this modification applies. This procedure applies to "secure tests." A secure test is defined as a nonmarketed test administered under supervision at specified centers on specified dates, all copies of which are accounted for and either destroyed or returned to restricted locked storage following each administration. For this purpose a test is considered as "not marketed" if copies are not sold but it is distributed and used in such a manner that ownership and control of copies remain with the test spon­sor or publisher. See 37 C.F.R. 202.20(b)(4).

806.08(b)

Secure tests: what must be deposited. One complete copy of the test must be deposited with identifying material which constitutes a sufficient archival record of the deposit. The sufficiency of the identifying material is determined by the Copyright Office Exam­

ining Division. The actual copy is returned to the applicant after examination; the identifying material is retained as the archival record of the deposit.

806.08(c)

Secure tests: special procedure. When a secure test is to be registered under this special procedure, the Head of the Literary Section, Examining Division, must be notified in advance by the applicant or authorized representative. The Section Head will then arrange for examination of the material in a nonpublic place with the applicant or autho­rized representative present. The receipt date will be stamped on the appropriate material by the examiner receiving the claim. After examination, the actual copies of the test will be returned to the applicant or

authorized representative. The application and the identifying material will then pro­ceed through the registration process in the usual manner.

806.09

Pictorial or graphic works reproduced in or on sheetlike materials. In the case of any unpub­lished work that is fixed, or any published work that is published only in the form of a two­ dimensional reproduction on sheetlike materials such as textile and other fabrics, the deposit shall consist of one copy in the form of an actual swatch or piece of such material suffi­cient to show all elements of the work in which copyright is claimed and the copyright notice, if any, appearing on the work. If the work consists of a repeated pictorial or graphic design, the complete design and at least part of one repeti­tion must be shown. Examples of such works include lace, embroidery, wallpaper, wrapping paper, carpeting, linoleum, and other floor coverings. See 37 C.F.R. 202.20(c)(2)(viii).

806.10

Pictorial or graphic works reproduced on sheet­ like materials published only in or on three­ dimensional objects. Where a work is reproduced on sheetlike materials which have been published only in or on three-dimensional articles, the deposit must generally consist of identifying materials which meet the following specifications.

806.10(a)

Type of material. Identifying material con­sists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work.

806.10(b)

Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required.

806.10(c)

Content of pieces.

• Copyrightable content. The identifying material must clearly show the entire copyrightable content of the work for which registration is sought.
• Copyright notice. In the case of works published with notice of copyright, the notice and its position on the work must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted.
• Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work.
• Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work.
• Color. The identifying material must reproduce the actual colors employed in the work.

806.10(d)

Size of pieces.

• Uniform size. All pieces except separate drawings or similar reproductions of the copyright notice must be of uniform size.

• Photographic transparencies. Photographic transparencies must be at least 35mm in size. If the transparencies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve: and the Copyright Office may require such mounting in particular cases.
• All pieces except photographic transpar­encies. The preferred size for all pieces except photographic transparencies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches.

NOTE: In certain cases where the two-dimen­sional pictorial and graphic material is embodied in an article of wearing apparel or the like, the Copyright Office will accept as a deposit the actual garment, provided that its seams have been split and the deposit includes all the panels utilized in the con­struction of the garment.

806.11

Separate registration for work embodied only in a motion picture soundtrack. For separate regis­tration of an unpublished work that is fixed, or a published work that is published, only as embodied in a soundtrack that is an integral part of a motion picture, identifying material will suffice in lieu of an actual copy or copies of the motion picture. Such identifying material shall consist of:

1)

A transcription of the entire work, or a reproduction of the entire work on a phono­record: and

2)

Photographs or other reproductions from the motion picture showing the title of the motion picture, the soundtrack credits, and the copyright notice, if any, for the soundtrack.

See 37 C.F.R.202.21(f).

806.12

Machine-readable works. Where an unpublished literary work is fixed, or a published literary work is published only in the form of machine­ readable copies (such as magnetic tapes or disks, punch cards, or the like) from which the work cannot ordinarily be perceived except with the aid of a machine or device, special deposit requirements apply. See 37 C.F.R. 202.20(c)(2)(vii).

806.12(a)

Machine-readable works: what must be depos­ited. The form of deposit varies depending on the type of machine-readable work sub­mitted for registration, but generally con­sists of some type of "identifying portions" of the work. Deposit of the entire work is acceptable in limited instances. In all cases, however, the deposit must be in a form visually perceptible without the aid of a machine or device. NOTE: Works published in a form requiring the use of a machine or device for purposes of optical enlargement (such as film, filmstrips, slide films, and works published in any variety of microform), and works published in visually perceptible form but used in connection with optical scanning devices, are not within this cate­gory. See 37 C.F.R. 202.20(c)(2)(vii)(A-B).

806.12(a)(1)

Published and unpublished computer pro­grams. For both published and unpub­lished computer programs, either one paper or one microform copy of the first and last 25 pages, or equivalent units of the program, must be deposited. In cases where the work is under 50 pages or equivalent units in total length, the entire work should be deposited. If the work is published with a copyright notice, the applicant must also submit the page or equivalent unit which con­tains the copyright notice. The source code rather than the object code is the best representation of the authorship, and therefore should generally be depos­ited. See 37 C.F.R. 202.20(c)(2)(vii)(A).

806.12(a)(2)

Published and unpublished automated data bases. Generally, the deposit for pub­lished and unpublished automated data bases is a paper or microform copy of the first and last 25 pages of the work. The deposit for automated data bases which are made up of separate and distinct data files, however, is either 50 complete data records from each file, or the entire file, whichever is less. "Data file" and "file" mean a group of data records pertaining to a common subject matter, regardless of the physical size of the records or the number of data

items included in them. In the case of revised versions of such data bases, the portions deposited must contain repre­sentative data records which have been added or modified. When 50 complete data records from each separate file are sub­mitted, however, a typed or printed descriptive statement must be submitted as well. That statement must include:

1)

The title of the data base:

2)

The claimant's name and address:

3)

The name and subject matter content of each separate file within the database, origin of the data, and approx­imate number of individual records in the file: and

4)

A description of the exact contents of any machine-readable copyright notice employed in or with the work and the manner and frequency with which it is displayed (e.g., at user's terminal only at s1gn-on, or continuously on terminal display, or on printouts, etc.). If a visually perceptible copyright notice is placed on any copies of the work (such as magnetic tape reels or their container), a sample of such notice must also accompany the statement.

See

37 C.F.R. 202.20(c)(2)(vii)(B).

806.13

Motion pictures. The following requirements apply to unpublished and published motion pic­tures.

806.13(a)

Unpublished motion pictures. The applicant may, for registration, deposit one complete copy or identifying material.

In either case, a description is also required. See 37 C.F.R. 202.20(c)(2)(ii) and 202.21(g).

806.13(a)(1)

Deposit of complete copy. If the appli­cant chooses to deposit an actual copy of the work, the copy must be complete. A copy is complete if the reproduction of the visual and sound elements is clean, undamaged, undeteriorated, and free of splices, and if the copy and physical housing have no defects which would interfere with performance of the motion picture or cause mechanical, visual, or audible defects or distortions. See 37 C.F.R. 202.20(b)(2)(vi). The copy must be accompanied by a separate description of its contents, which may be a conti­nuity, a pressbook, or a synopsis. See 37 C.F.R. 202.20(c)(2)(ii). However, when the Copyright Office is asked, it will encourage the deposit of a shooting script as the description.

806.13(a)(2)

Deposit of identifying material. If the applicant chooses to deposit identifying material instead of an actual copy, two things must be deposited:

1)

A description which may be a continuity, a pressbook, or a synopsis but which must include the title or continuing title of the work and the episode title, if any; the nature and general content of the program; the date of first fixation and whether it took place simultaneously with first transmission; the date of first transmission, if any; running time; and credits, if any, appearing on the work; and

2)

Either an audio cassette or other phonorecord reproducing the entire soundtrack or other sound portion of the motion picture, or a set con­sisting of one frame-enlargement or similar visual reproduction from each 10-minute segment of the motion pic­ture. Frames clipped from the film are not acceptable.

806.13(b)

Published motion pictures. The deposit requirements for published motion pictures consist of one complete copy of the best edition of the motion picture and a description.

806.13(b)(1)

Deposit of the best edition. The best edition of a motion picture is determined by referring to the criteria listed in the Best Edition Statement. See Appendix to this chapter.

806.13(b)(2)

Deposit of a complete copy. The copy must be complete, meaning that the repro­duction of the visual and sound elements comprising the copyrightable subject matter in the work must be clean, un­damaged, undeteriorated, and free of splices, and that the copy itself and its physical housing must be free of any defects which would interfere with per­formance of the motion picture, or cause mechanical, visual, or audible defects or distortions. See 37 C.F.R. 202.20(b) (2)(vi).

806.13(b)(3)

Deposit of description. The copy must be accompanied by a separate description of its contents which may be a continuity, a pressbook, or a synopsis. See 37 C.F.R. 202.20(c)(2)(ii). However, when the Copyright Office is asked, it will encourage the deposit of a shooting script as the description.

806.13(b)(4)

Separately registrable works of author­ship fixed in film, videotape, or the like. A film, videotape, or the like can constitute the form of embodiment in which a copyrightable work other than a motion picture is fixed. Generally, in such cases the deposit requirements for the particular work of authorship being registered govern the form of the deposit, rather than the deposit requirements for motion pictures. Examples include the following:

1)

Pantomime fixed in a one-half-inch videocassette.

2)

Choreography fixed in a hologram.

3)

Resume spoken and fixed in a three­ quarter-inch videocassette.

4)

Graphic illustrations fixed in Super 8 film.

NOTE: For deposit requirements in the case of an unpublished work that is fixed or a published work that is published only as embodied in a soundtrack that is an integral part of a motion picture, see section 806.11 above.

807

Motion Picture Agreement. The Library of Congress may, at its sole discretion, enter into an agreement permitting the return of copies of published motion pictures to the depositor under certain conditions and establishing certain rights and obligations with respect to such copies on the part of both the depositor and the Library of Congress. The Deposits and Acquisitions Section of the Acquisitions and processing Division of the Copyright Office administers the Motion Picture Agreement. See 37 C.F.R. 202.20(c)(2)(ii).

The Motion Picture Agreement provides that after copyright registration has been completed the deposit copy will be returned to the depositor at the de­positor's expense. However, a copy for addition to the Library's permanent collections is subject to recall by the Library of Congress at any time within a period of two years. In signing the Motion Picture Agreement, the depositor agrees, if the film is re­called, to provide the Library with a copy which meets the archival quality standards set forth in the Agreement.

807.01

Who may enter into the Agreement. The Agreement is available upon request to owners of copyright in published motion pictures or owners of the exclusive right of publication (including the exclusive right of distribution in the United States) who are depositing a copy of the motion picture in the Copyright Office and to foreign depositors whose works, although initially pub­lished outside the United States, have been pub­lished in the United States before the date of deposit. NOTE: Foreign depositors whose motion pictures are published only outside the United States before the date of deposit may enter into the Motion Picture Agreement by executing the basic Agreement, together with a Standard Modi­fication of the Agreement, provided that the depositor has an established business office in the United States, or has designated a United

States agent with express authority to receive service in the event the Agreement is breached.

807.02

Who may sign the Agreement. An individual depositor or a legal representative may sign the Agreement. A business entity depositor may sign the Agreement through a legal representative empowered to bind the business entity, as for example, the officer of a corporation, an attorney-in-fact for the depositor, or another agent of a depositor satisfactory to the Library of Congress.

In certain cases, the Standard Modification must be completed; see NOTE in section 807.01 above. Also, in certain cases, a bond signed by the attorney-in-fact for the depositor, which subjects such attorney-in-fact to certain liability under the Agreement, is required in addition to the Agreement.

807.03

Return of deposit copy under the Agreement. The Copyright Office will return the motion picture to the depositor under the Agreement if it receives a specific written request for return of that particular motion picture. In general, the following conditions apply for the return of motion pictures:

1)

If a motion picture is to be returned by a private carrier designated by the depositor, shipment instructions must be included with the request for return. The instructions must name the carrier to be contacted, give an account number (if available), indicate that the motion picture is to be returned at the depositor's expense, include a declara­tion of value, and state the amount of insurance required.

2)

If the depositor so requests, the motion pic­ture will be shipped collect by means of a private carrier chosen by the Library of Congress, with insurance coverage at the depositor's expense, to the amount of the declared value; if no value has been de­clared, the amount of this insurance will be based on the estimated replacement cost for a copy of identical physical characteristics produced by a commercial laboratory.

3)

Unless the Copyright Office is otherwise directed in writing at the time of deposit,motion pictures will be returned to the depositor by Special Fourth Class Mail. In these cases, the Library of Congress does not assume any responsibility for providing insurance. Because of the high risk of loss with respect to certain films, the Copyright Office will ordinarily attempt to contact depositors of 35mm feature films, oversize deposits, and copies of special value for instructions for return by private carrier at the depositor's expense.

807.04

Recall of the deposit copy under the Agreement. At any time within a period of two years, the Library of Congress may make a written request that a copy of archival quality be submitted for its permanent collections under the terms of the Motion Picture Agreement. Upon receipt of that request one complete copy of the film, meeting the standards set forth in Appendix A of the Agreement, must be sent to:

Motion Picture Section
Motion Picture Broadcasting and Recorded Sound Division
The Library of Congress
Washington, D. C.

20540

807.05

Quality of copy deposited under the Agreement. If a depositor has signed the Motion Picture Agreement and deposits a copy, but does not request the return of the copy, it is considered a "non-agreement" film and is treated as though there is no Agreement on file. The standards that govern the quality of such a copy are those explained in section 806.13 above, and the special "archival quality" standards which are set forth in the language of the Agreement, and

Appendix A thereto, do not apply. However, any copy recalled by the Library of Congress under the Agreement must meet all the technical guide­ lines set forth in Appendix A to the Agreement.

807.06

Supplemental Property Agreement. Where a depositor who has entered into a Motion Picture Agreement has deposited for registration a copy of a motion picture which does not represent the form of copy which the Library of Congress wishes to retain for its collections, such copy may be accepted for registration if the depositor speci­fically agrees in accordance with a Supplementary Property Agreement that a copy of archival quality will be delivered on demand under the Motion Picture Agreement.

807.07

Termination of the Motion Picture Agreement. The Library of Congress may terminate the Motion Picture Agreement for any good cause, including single or repeated instances of breach of the Agreement. If an Agreement is terminated by the Library, the termination applies only to motion pictures deposited after the termination, and does not affect the rights or obligations of either party with respect to any copies already deposited or returned under the Agreement. If

the Agreement is terminated by the Library, it is not subject to reinstatement unless the Library believes that reinstatement, or entering into a new Agreement, would be in its best interests. See 37 C.F.R. 202.20(c)(2)(ii).

808

Special relief from the deposit requirements for registration. Special relief is a procedure which

allows the Register of Copyrights to grant the requestor the option of depositing less than or other than that which is required under the general deposit provisions. See 37 C.F.R. 202.20(d): see also 17 U.S.C. 407(c) and 408(c).

808.01

Special relief: in general. Special relief was devised because it is impossible to establish exemptions or alternatives to cover all cases where the general deposit provisions of the statute might cause unnecessary hardship. Special relief is intended to respond to the legislative directive that deposit provisions be kept flexible "so that there will be no obliga­tion to make deposit where it serves no purpose, so that only one copy or phonorecord may be deposited where two are not needed, and so that reasonable adjustments can be made to meet practical needs in special cases." See H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. at 151 (1976), and S. Rep. No. 94-473, 94th Cong., 1st Sess. at 134 (1975).

808.02

Special relief: criteria. The decision whether to grant special relief is based on the acquisi­tion policies of the Library of Congress in force at the time the request is made and the examining and archival requirements of the Copyright Office.

808.03

Special relief: procedures. The procedures for special relief are the following.

808.03(a)

Required elements of request. Requests for special relief must be made in writing to the Chief, Examining Division, Copyright Office. The request must be signed by or on behalf of the person signing the application for regis­tration. The request must set forth the specific reasons that it should be granted. Examples include unavailability of the re­quired deposit, financial burden, confiden­tiality, rarity, fragility, and weight. The request should also state the form of relief desired, e.g., permission to deposit one copy or phonorecord rather than two, permission to deposit alternative identifying material rather than one or two copies or phono­records, permission to deposit incomplete copies or phonorecords rather than those normally constituting the best edition, or (for works first published before 1978) permission to deposit a later printing or edition rather than the work as first pub­lished.

808.03(b)

Responsibility for decision. The decision to grant or deny special relief is made by the Chief of the Examining Division after con­sultation with the Chief of the Acquisitions and Processing Division of the Copyright Office.

808.03(c)

Special relief granted. When special relief is granted, the application will be anno­tated as follows: "Special relief granted under 37 C.F.R. 202.20(d)." This annotation is keyed with an asterisk to the "DEPOSIT RECEIVED" space on the application for regis­tration.

NOTE: Where the work was first published before 1978, the annotation should also re­flect the nature of the material deposited and refer to the remitter's letter; for example:

1)

"Photocopies accepted under a grant of special relief in accordance with 37 C.F.R. 202.20(d). See correspondence file."

2)

"Second printing accepted under a grant of special relief in accordance with 37 C.F.R. 202.20)(d). Re: notice of copyright on copies as first published, see applicant's letter of __________"

808.03(d)

Special relief denied. Where the special relief is denied, the applicant will be notified in writing, and the letter to the applicant will set forth the reasons for the denial.

808.04

Special relief: continuous or ongoing grants. In some cases a grant of continuous or ongoing special relief is possible. The procedures and criteria for such relief are the same as for one-time special relief. In such cases, however, the applicant is asked to include with each sub­mission a covering letter or memorandum referring to such grant and the date thereof. Any con­tinuous grant may be terminated by the Chief of the Examining Division after consultation with the Chief of the Acquisitions and Processing Division of the Copyright Office. Notice of termination will be in writing and will set forth the specific date of termination which must be at least 30 days later than the date the notice is mailed. This notice is sent to the individual or organization to whom the grant of special relief had been given at the last address shown in the records of the Copyright Office.

809

Relationship of deposit for registration to mandatory deposit under 17 U.S.C. 407. The deposit for a pub­lished work that is acceptable under section 408 of the current Act, which deals with copyright regis­tration, also satisfies the deposit requirements of section 407 of that Act, which deals with deposit for the use or disposition of the Library of Congress.

810

Appendix. The text of the "'Best Edition' of Pub­lished Copyrighted Works for the Collections of the

Library of congress," mentioned in this chapter, appears as an APPENDIX which follows this page.

[1984]

APPENDIX

"Best Edition" of Published Copyrighted Works for the Collections of the Library of Congress·^[1]

The Copyright Law (Title 17. United States Code) re­quires that copies or phonorecords deposited in the Copyright Office be of the "best edition" of the work. The law states that "The 'best edition' of a work is the edition, published in the United States at any time before the date of deposit. that the Library of Congress determines to be most suitable for its purposes."

When two or more editions of the same version of a work have been published. the one of the highest quality is generally considered to be the best edition. In judging quality, the Library of Congress will adhere to the criteria set forth below in all but exceptional circumstances.

Where differences between editions represent varia­tions in copyrightable content, each edition is a separate version and "best edition" standards based on such dif­ferences do not apply. Each such version is a separate work for the purposes of the Copyright Law.

Appearing below are lists of criteria to be applied in determining the best edition of each of several types of material. The criteria are listed in descending order of importance. In deciding between two editions, a criterion-by-criterion comparison should be made. The edition which first fails to satisfy a cnterion is to be con­sidered of inferior quality and will not be an acceptable deposit. For example, if a comparison is made between two hardbound editions of a book, one a trade edition printed on acid-free paper and the other a specially bound edition printed on average paper, the former will be the best edition because the type of paper is a more important criterion than the binding.

Under regulations of the Copyright Office, potential de­positors may request authorization to deposit copies or phonorecords of other than the best edition of a specific work (e.g., a microform rather than a printed edition of a serial).

---

I. PRINTED TEXTUAL MATTER

---

A. Paper, Binding, and Packaging:
1. Archival-quality rather than less-permanent paper.
2. Hard cover rather than soft cover.
3. Library binding rather than commercial binding.
4. Trade edition rather than book club edition.
5. Sewn rather than glue-only binding.
6. Sewn or glued rather than stapled or spiral-bound.
7. Stapled rather than spiral-bound or plastic-bound.
8. Bound rather than looseleaf, except when future looseleaf insertions are to be issued.
9. Slipcased rather than nonslipcased.
10. With protective folders rather than without (for broadsides).
11. Rolled rather than folded (for broadsides).
12. With protective coatings rather than without (except broadsides, which should not be coated).

B. Rarity:
1. Special limited edition having the greatest number of special features.
2. Other limited edition rather than trade edition.
3. Special binding rather than trade binding.

C. Illustrations:
1. Illustrated rather than unillustrated.
2. Illustrations in color rather than black and white.

D. Special Features:
1. With thumb notches or index tabs rather than with­out.
2. With aids to use such as overlays and magnifiers rather than without.

E. Size:
1. Larger rather than smaller sizes. (Except that large-type editions for the partially-sighted are not required in place of editions employing type of more conventional size.)

---

II. PHOTOGRAPHS

---

A. Size and finish, in descending order of preference:
1. The most widely distributed edition.
2. 8 x 10-inch glossy print.
3. Other size or finish.
B. Unmounted rather than mounted.
C. Archival-quality rather than less-permanent paper stock or printing process.

---

III. MOTION PICTURES

---

A. Film rather than another medium. Film editions are listed below in descending order of preference.
1. Preprint material, by special arrangement.
2. Film gauge in which most widely distributed.
3. 35 mm rather than 16 mm.
4. 16 mm rather than 8 mm.
5. Special formats (e.g.,65 mm) only in exceptional cases.
6. Open reel rather than cartridge or cassette.

B. Videotape rather than videodisc. Videotape editions are listed below in descending order of preference.
1. Tape gauge in which most widely distributed.
2. Two-inch tape.
3. One-inch tape.
4. Three-quarter-inch tape cassette.
5. One-half-inch tape cassette.

---

IV. OTHER GRAPHIC MATTER

---

A. Paper and Printing:
1. Archival quality rather than less-permanent paper.
2. Color rather than black and white.

B. Size and Content:
1. Larger rather than smaller size.
2. In the case of cartographic works, editions with the greatest amount of information rather than those with less detail.

C. Rarity:
1. The most widely distributed edition rather than one of limited distribution.
2. In the case of a work published only in a limited, numbered edition, one copy outside the numbered series but otherwise identical.
3. A photographic reproduction of the original, by spe­cial arrangement only.

D. Text and Other Materials:
1. Works with annotations, accompanying tabular or textual matter, or other interpretative aids rather than those without them.

E. Binding and Packaging:
1. Bound rather than unbound.
2. If editions have different binding, apply the criteria in I.A.2-I.A.7, above.
4. Rolled rather than folded.
5. With protective coatings rather than without.

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V.PHONORECORDS

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A. Disc rather than tape.
B. With special enclosures rather than without.
C. Open-reel rather than cartridge.
D. Cartridge rather than cassette.
E. Quadraphonic rather than stereophonic.
F. True stereophonic rather than monaural.
G. Monaural rather than electronically rechanneled stereo.

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VI. MUSICAL COMPOSITIONS

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A. Fullness of Score:
1, Vocal music:
a. With orchestral accompaniment—
i. Full score and parts, if any, rather than conductor's score and parts. if any. (In cases of compositions published only by rental, lease, or lending, this re­quirement is reduced to full score only.)
ii. Conductor's score and parts, if any, rather than con­densed score and parts, if any. (In cases of compo­sitions published only by rental, lease, or lending, this requirement is reduced to conductor's score only.)
b. unaccompanied: Open score (each part on separate staff) rather than closed score (all parts condensed to two staves).
2. Instrumental music:
a. Full score and parts, if any, rather than conductor's score and parts, if any. (In cases of compositions published only by rental, lease, or lending, this re­ quirement is reduced to full score only.)
b. Conductor's score and parts. if any, rather than con­densed score and parts, if any. (In cases of compo­sitions published only by rental, lease, or lending, this requirement is reduced to conductor's score only.)

B. Printing and Paper:
1. Archival-quality rather than less-permanent paper.

C. Binding and Packaging:
1. Special limited editions rather than trade editions.
2. Bound rather than unbound.
3. If editions have different binding, apply the criteria in I.A.2-I.A.12, above.
4. With protective folders rather than without.

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VII. MICROFORMS

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A. Related Materials:
1. With indexes. study guides. or other printed matter rather than without.

B. Permanence and Appearance:
1. Silver halide rather than any other emulsion.
2. Positive rather than negative.
3. Color rather than black and white.

C. Format (newspapers and newspaper-formatted serials):
1. Reel microfilm rather than any other microform.

D. Format (all other materials):
1. Microfiche rather than reel microfilm.
2. Reel microfilm rather than microform cassettes.
3. Microfilm cassettes rather than micro-opaque prints.

E. Size:
1. 35 mm rather than 16 mm.

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VIII. WORKS EXISTING IN MORE THAN ONE MEDIUM

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Editions are listed below in descending order of prefer­ence.

A. Newspapers, dissertations and theses, newspaper­ formatted serials:
1. Microform.
2. Printed matter.

B. All other materials:
1. Printed matter:
2. Microform.
3. Phonorecord.

(Effective: January 1. 1978.)

[END OF CHAPTER 800]

[1984]

1. This excerpt is taken from Volume 43, No.2 of the Federal Register for Wednesday, January 4, 1978 (p. 766).