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Compendium of U.S. Copyright Office Practices, Third Edition

In the alternative the remitter may deliver the document and the filing fee to the Public Information Office at the address specified in Chapter 200, Section 204.1(B)(3). The Public Information Office will provide the remitter with a date-stamped receipt that lists the title of no more than one of the works listed in the document.

2313.8 Filing Fee for Recording a Document Pertaining to Computer Shareware

The filing fee for recording a document pertaining to shareware is the same as the fee for recording a document pertaining to copyright. See 37 C.F.R. § 201.26(e).

For information concerning this fee, see Section 2309.11. For information concerning the methods for paying the filing fee, see Chapter 1400, Sections 1403.3 through 1403.5.

2314 The Visual Arts Registry

This Section discusses the practices and procedures for recording statements pertaining to a work of visual art that has been incorporated into a building. Specifically, the Visual Arts Registry provides "information relevant to an artist's . . . right to prevent destruction or injury to works of visual art incorporated in or made part of a building." 37 C.F.R. § 201.25(a).

The term work of visual art is defined in Section 2314.1 below. The purpose of the Visual Arts Registry and the procedure for recording statements pertaining to a work of visual art are discussed in Sections 2314.3 through 2314.9.

2314.1 What Is a Work of Visual Art?

Section 101 of the Copyright Act defines a work of visual art as:

• "A painting, drawing, [or] print ... existing in a single copy, [or] in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author

• A "sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, ... in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author;" or

• "[A] still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author."

17 U.S.C. § 101.

In other words, to qualify as a work of visual art, the work must be a painting, a drawing, a print, a sculpture, or a still photographic image produced for exhibition, and the work must exist in a single copy or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.

The legislative history explains that "courts should use common sense and generally accepted standards of the artistic community in determining whether a particular work

Chapter 2300 : 80

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Chapter _00 : 80
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