specified in the application. Specifically, the applicant may be required to submit 35mm silver halide microfilm containing a positive print of each issue [i.e., black text printed on a white background). See 37 C.F.R. § 202.3(b)(9)(vi)(B); see also 37 C.F.R. pt. 202, app. B, If X.A.I. In all cases, a copy of the communication from CAD should be submitted to the U.S. Copyright Office along with the application.
Providing microfilm or a complimentary subscription is a requirement for using this group registration option if the applicant received a written request from CAD before the application was submitted to the U.S. Copyright Office. Applicants who have not received a written request from CAD are not required to provide subscriptions or microfilm, although as discussed in Section 1111.5(A) they are required to submit one complete copy of each issue that is included in the group. See 37 C.F.R. § 202.3(b)(9)(vi)(B).
Subscription copies or microfilm should be delivered to the address specified in the request from CAD. Packages that are delivered to the U.S. Copyright Office by mail or by courier will be irradiated to destroy possible contaminants, such as anthrax. This process may damage microfilm. To avoid this result, applicants are strongly encouraged to send microfilm in boxes rather than envelopes.
Submitting microfilm or providing complimentary subscriptions for the purpose of obtaining a group registration will relieve the publisher of any mandatory deposit requirements set forth in Section 407 of the Copyright Act for issues submitted in this manner.
1111.6 The Timeliness Requirement
As discussed in Section 1111.2, 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)(vii). For example, if the last issue was published on October 20, 2013, and if the Copyright Acquisitions Division instructed the applicant to submit the newsletter on microfilm, the Office must receive the following items by January 20, 2014:
• A completed application on Form G/DN.
• The filing fee specified on the U.S. Copyright Office's fee schedule. 37 C.F.R. § 201.3(c)(6), available atwww.copyright.gov/docs/fees.html.
• The correct deposit copies, namely, (i) a complete copy of each issue in the group, and, if contacted by CAD, (ii) positive 35mm silver halide microfilm containing one complete copy of the final edition of each issue that was published in October 2013 or (iii) two complimentary subscriptions.
If the application, deposit, and filing fee are not received by the deadline, the Office will refuse to register the newsletters as a group.
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
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