• The applicant may list the publication dates on Form GR/PPh/CON, provided that the applicant submits a paper application rather than an online application.
NOTE: If the applicant uses Form GR/PPh/CON, the applicant may include up to 750 photographs in the group.
• Alternatively, the applicant may provide a range of publication dates [e.g., February 15, 2001 through Mayl5, 2001) in the relevant field/space of the application without providing a specific date of publication for each photograph in the group, provided that all of the photographs were published within three months before the date that the U.S. Copyright Office receives the application, deposit copies, and filing fee.
See 37 C.F.R. § 202.3(b)(10)(i)-(vi), (viii)-(ix).
Photographs that do not satisfy these requirements cannot be registered using this group registration option.
In particular, applicants cannot use this procedure to register a group of photographs that includes both published and unpublished photographs. Another key requirement is that all the photographs must be taken by the same photographer. See H.R. Rep. No. 94- 1476, at 153-54 [1976), reprinted in 1976 U.S.C.C.AN. 5659, 5769-70 [stating that "a group of photographs by one photographer" may qualify as a "group of related works" under Section 408[c)[l) of the Copyright Act).
If the photographs were created as a work made for hire, the applicant may use this group registration option, provided that all the photographs in the group were taken by the same individual. In other words, if a studio hired five photographers pursuant to a work made for hire, the studio must separate its photographs into five separate groups [z'.e., one group for each photographer) and submit a separate application for each group.
Applicants who provide a specific date of publication for each photograph may use any method discussed above, provided that the Office is able to identify the relevant date for each image in the group. As long as the applicant selects a method that clearly satisfies this requirement, the application will be accepted.
If the applicant provides a range of publication dates in the paper application or a specific date of publication in an online or paper application, that information will be included in the certificate of registration and the online public record.
If the applicant provides a range of publication dates in the application and identifies the specific date of publication in the deposit copies, the Office will retain the deposit material for the full term of the copyright. In all other cases, the deposit copies may be discarded within ten years after the effective date of registration.
The date of publication for each photograph may appear in the online public record if the applicant submits the claim through the electronic registration system and provides publication dates in the online application. Publication dates will not appear in the
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