1117.6(B) Databases That Predominantly Consist of Photographs
This Section discusses the minimum deposit requirements for a database that consists predominantly of photographs. In some cases, the Visual Arts Division may ask the applicant to submit additional deposit material, particularly when the claim is submitted using the electronic registration system. For specific guidance, applicants should contact the Visual Arts Division at (202) 707-8202.
In all cases, the applicant should prepare and submit a brief statement that describes the database. The specific requirements for this descriptive statement are discussed in Section 1117.6(C).
If the applicant intends to register the photographs that were added to the database during the period specified in the application, the applicant must submit a copy of each photograph that is included in the claim. See 37 C.F.R § 202.20(c) (2) (vii) (D)(8).
The applicant may submit the photographs using one of the formats described in Section 1116.4. In the alternative, the applicant may upload the photographs in an electronic format, provided that the applicant (i) obtains permission to use the electronic registration system from the Visual Arts Division, and (ii) submits the online application and the deposit copies after consulting with, and under the supervision of, that Division.
If the applicant intends to register the authorship involved in selecting, coordinating, and/or arranging the photographs that appear in the database, but does not intend to register the individual photographs, the applicant should submit a representative portion of the database using one of the methods described in Section 1117.6(A).
See generally Deposit Requirements for Registration of Automated Databases That Predominantly Consist of Photographs, 76 Fed. Reg. 5,106 (Jan. 28, 2011); Registration of Claims to Copyright, 76 Fed. Reg. 4,072 (Jan. 24, 2011).
1117.6(C) Descriptive Statement
In all cases, the applicant must submit a brief typed or printed statement containing the following information:
• The title of the database.
• The name and address of the copyright claimant.
• A subtitle, date of creation, or date of publication (if any) that may be used to distinguish any separate or distinct data files within the database.
• The name and content of each separate data file, including its subject, the origin (s) of the data, and the approximate number of data records that it contains.
• The nature and frequency of the changes in the database and the location within the database or the separate data files where the changes appear. When describing the nature of the changes, applicants should clearly articulate the authorship claimed in these changes.
Chapter 1100 : 73
12/22/2014
