NOTE: The deposit requirement for renewal registration based on the first publication of a work that secured statutory copyright by registration as an unpublished work depends on when the work was first published. See Section 2116. 5(E].
2116.5(B) Alternative Deposit Material
When only archival copies or phonorecords of the best edition of the work as first published are available at the time of renewal registration, an applicant may provide an explanation of why it is difficult to meet the deposit requirement. The U.S. Copyright Office will consider on a case-by-case basis whether alternative deposit material is acceptable. If approved, the alternative deposit material should be described on Form RE/Addendum.
NOTE: When a work is selected by the Library of Congress for its collections the Office generally will require that the deposit requirement be met [Le., alternative deposit material and identifying material will not be accepted), or the Office may accept a reproduction of the work in an archival-quality format under a grant of special relief.
2116.5(B)(1) Identical to the Complete Work as First Published
When the alternative deposit material is a photocopy or exact reproduction, or a complete copy of the work as first published that is transferred to a "best edition" format, the applicant must verify in writing that the deposit material is identical to the work as first published, including the position and content of the copyright notice.
2116.5(B)(2) Reprint or Reissue of Work as First Published
When the alternative deposit material is a reprint edition (as in a book], or a reissue (as in a sound recording), or a domestic edition of a foreign work (as in a motion picture with English subtitles), or the foreign edition of a U.S. publication (as in a magazine issue), that contains the same identical copyrightable content but with a different copyright notice and perhaps some new, separate content, such as cover artwork, introductory text, liner notes, credits, or subtitles that is not the subject matter of the claim, the applicant should provide the following, in addition to a complete copy of the reprint or reissue:
• A written request for a grant of special relief from the deposit requirement with an explanation of why a copy as first published cannot be deposited;
• Material obtained directly from a copy or phonorecord of the work as first published that properly identifies the work and its contents, and shows the work was first published with the statutory or U.C.C. notice; and
• A written statement verifying that all of the authorship claimed is contained in the deposit copy and is identical to the work as first published, and specifying the new, separate authorship contained in the copy that is not part of the claim.
In such cases the renewal claim must be limited to the authorship in the deposit copy that is separate and identical to the work as first published. The U.S. Copyright Office
Chapter 2100 : 38
12/22/2014
