Examples:
• Patrick O'Connor created all the text that appears on a website that describes points of interest in the Shenandoah Valley. Users may view this content, but the terms of service expressly state that the site is only intended for public display. The text may be registered as an unpublished work. Therefore, Patrick may upload this content to the electronic registration system in one or more digital files, provided that the text is submitted in an acceptable format, such
as .txt, .pdf, .docx, .wpf, and provided that the files contain all the copyrightable text that is claimed in the application.
• On November 3, 2013 Joseph Andres posted dozens of photographs to a stock photography website that allows users to download or reproduce images for their own personal use. The photographs may be registered as published works. Joseph may upload electronic copies of these images through the electronic registration system, either by submitting a separate application for each photograph or by submitting an application to register a group of published photographs.
1010.4 Uploading Large Files or Large Numbers of Files to the Electronic Registration System
The electronic registration system has a sixty minute "time out" feature that limits the size and the number of files that may be submitted during each upload session. These limits vary depending on the connection speed of the applicant's computer. The maximum size for files submitted with a typical modem is 11.3 MB, while the maximum size for files submitted with a typical broadband connection is 170 MB.
If the applicant intends to upload a large number of files, the Office encourages the applicant to submit the deposit in one or more compressed ZIP files. If the applicant intends to upload a very large file, the Office encourages the applicant to compress the deposit in a ZIP file or to separate the deposit into two or more smaller files. Alternatively, the applicant may upload the deposit during two or more upload sessions; information concerning this procedure is available on the Office's website at copyright.gov/eco/faq.html.
If the applicant is unable to upload the deposit with these options, then as discussed in Section 1010.3, the applicant may fix the deposit copy(ies) on a disc and deliver it to the Office by mail, by courier, or by hand delivery, together with a shipping slip that connects the deposit with the online application.
1010.5 The Deposit Material Must Match the Material Claimed in the Application
Frequently, applicants seek to register published website content, but fail to deposit the content that existed on the website as of the date of publication specified in the application. In some cases, the applicant provides the date that the website was first published, but instead of depositing the content that appeared on the site as of that date, the applicant deposits the content that appeared on the website on the date that the
Chapter 1000 : 45
12/22/2014
