1107.1 What Is a Unit of Publication?
A unit of publication is a package of separately fixed elements and works that are physically bundled together for distribution to the public as a single, integrated unit, and all of the works are first published in that integrated unit.
A group of self-contained works may qualify as a unit of publication under the following circumstances:
• There is a title for the unit as a whole that identifies it as a single, integrated unit.
• The component works and any uncopyrightable elements are packaged or physically bundled together as a single, integrated unit, such as a bound volume and dust jacket; a compact disc with liner notes and cover art; a multimedia kit containing a book, a compact disc, and a set of stickers; a board game; or the like.
• The component works are distributed to the public as a single, integrated unit (as opposed to being packaged or physically bundled simply for distribution to intermediaries, such as wholesalers, distributors, or retailers].
Representative examples of works that may be distributed in a single, integrated unit include the following:
• A package of greeting cards.
• A CD packaged with cover art and a leaflet containing lyrics.
• A board game with playing pieces, game board, and instructions.
• A book published with a CD-ROM.
• A multimedia kit containing a book, a compact disc, and a poster.
• A multi-DVD package with multiple disks containing a motion picture, trailers, and deleted scenes from the motion picture.
• A box set of music CDs.
• A videogame containing a disc, instructions, and pamphlet.
• A package containing a computer program and a user's manual.
In all cases, the unit must contain an actual copy or phonorecord of the self-contained works. A unit that merely contains a representation of the works does not satisfy this requirement. For example, a box of jewelry containing an actual necklace and an actual set of earrings that are sold to the public as a single, integrated unit would be considered a unit of publication. By contrast, a catalog that merely contains photographs of necklaces and earrings that are offered for sale would not be considered a unit of publication, even if members of the public may order these items from the catalog either on an individual basis or as a set. At best, the catalog could only be used to register a
Chapter 1100 : 21
12/22/2014
