1111.1 What Is a Daily Newsletter?
For purposes of this group registration option, a daily newsletter is defined as a serial that is published and distributed online, by mail, by fax, on any other medium, including but not limited to, paper, cassette tape, diskette, or CD-ROM. (The term "serial" is defined in Section 1109.1.] The serial must be routinely published at least two days per week, and it must contain news or information that is chiefly of interest to a special group, such as trade associations, professional associations, corporate in-house groups, schools, colleges, churches, or the like. See 37 C.F.R. § 202.3(b)(9)(i). Newsletters are typically sold by subscription, but they are not sold on newsstands or through other retail outlets. See Registration of Claims to Copyright; Group Registration of Daily Newsletters, 60 Fed. Reg. 15,874, 15,875 [Mar. 28, 1995).
1111.2 Eligibility Requirements
A group of daily newsletters may be registered with the U.S. Copyright Office, provided that the following conditions have been met:
• Each issue in the group must be a daily newsletter as defined in Section 1111.1.
• The group must contain at least two issues.
• Each issue must bear the same title.
• Each issue must be an essentially all-new collective work or an all-new issue that has not been published before.
• Each issue must bear issue dates within the same calendar month and the same calendar year.
• The author(s) and the copyright claimant(s) for all of the issues must be the same person or organization.
• Each issue must be a work made for hire.
• The U.S. Copyright Office must receive a completed application, the correct filing fee, and the correct deposit copies within three months after the date of publication for the last issue that is included in the group.
See 37 C.F.R. § 202.3(b)(9).
Newsletters that do not satisfy these requirements cannot be registered using this group registration option.
If the applicant is unable to register a particular issue using the group registration option for newsletters, the applicant may submit a separate application for that issue using the online application or a paper application submitted on Form SE. For information concerning the procedures for registering a single issue of a serial publication, see Chapter 700, Section 712.
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12/22/2014
