be submitted for registration. The applicant should not provide a date of publication for any other version of the work that will not be submitted to the Office.
If the applicant determines that the work is unpublished, the applicant should select "no" on the Publication / Completion screen.
When completing a paper application the applicant should provide the date of first publication in space 3(b] under the heading marked "Date and Nation of Publication of This Particular Work." If the work has not been published, space 3(b] should be left blank
For additional guidance concerning this portion of the application, see Chapter 600, Section 612.
1009.4(A)(1) Date of First Publication for the Original Version of a Work
If the applicant intends to register a work that was published on the original version of a website, the applicant generally should provide the month, day, and year that the work was first posted on that site.
Example:
• J.J. Cool created a website to promote his music career. On May 18, 2012 he uploaded several songs that have never been published before, and he offered them for sale for $1.99 apiece. J.J. intends to register the words, lyrics, and sound recordings embodied in these songs. J.J. submits a separate application for each work, and in each case, he states that the work was first published on May 18, 2012. The registration specialist will register the claims.
1009.4(A)(2) Date of First Publication for Subsequent Versions of a Work
If the applicant intends to register a revised version of a published website, the applicant generally should provide the month, day, and year that the revised content was first posted on that site.
Example:
• Zeke Quarry operates a website called "Internal Revolution," which contains a compilation of public domain photographs from the Civil War. Users may download content from the website if they pay a subscription fee. Zeke launched the site on December 20, 2004, and he intends to register the selection of images that he added to the site on January 1, 2013, June 30, 2013, and December 31, 2013. Zeke submits a separate application for each batch of images, and he states that these updates were first published on January 1, 2013, June 30, 2013, and December 31, 2013. If each compilation contains a sufficient amount of creative expression, the registration specialist will register these claims.
Chapter 1000 : 33
12/22/2014
