complete phonorecords of the best edition of the work. See 17 U.S.C. § 408(b). In such cases, there is no need to submit additional copies or phonorecords for the purpose of mandatory deposit. (For a definition of the term "best edition," see Section 1504.) The double application of best edition formats to both the registration and mandatory deposit provisions was constructed in the analog world as part of the 1976 Act for the benefit and convenience of copyright owners, i.e., to minimize the number of necessary submissions to the Copyright Office and therefore the cost of compliance.
For some classes of works, the deposit requirements for registration and mandatory deposit are not the same. In such cases, a separate submission of copies, phonorecords, or identifying material may be needed to register the work and to satisfy the mandatory deposit requirements. For example, mandatory deposit for a computer program requires two complete copies of the best edition, while registration may be accomplished with identifying material containing a selection of the source code for that work. In the digital context, such nuance and distinction is even more important, and applicable regulations are therefore subject to change.
1503 Deposit for Registration
To register a copyright claim, an applicant must submit (i) a completed application, (ii) the appropriate filing fee, and (iii) a complete deposit of the work.
Section 408 of the Copyright Act provides general requirements for registration deposit copies. These requirements vary depending on whether the applicant intends to register a published work, an unpublished work, or a foreign work.
• For unpublished works, the applicant generally should submit one complete copy or phonorecord of the work. See 17 U.S.C. § 408(b)(1), 37 C.F.R. § 202.20(c)(l)(i). In the case of an unpublished pictorial, graphic, or sculptural work, the applicant generally may submit identifying material in lieu of an actual copy. See 37 C.F.R. § 202.20(c)(2)(iv), (xi)(A).
• For works first published in the United States on or after January 1, 1978, the applicant generally should submit two complete copies or phonorecords of the best edition of the work. See 37 C.F.R. § 202.20(c)(l)(iii). However, there are several exceptions to this rule, which are discussed in Sections 1509.1 through 1509.3.
• For works published solely in a foreign country, the applicant should submit one complete copy or phonorecord of the work as first published in that country.
37 C.F.R. § 202.20(c)(l)(iv). For works first published in a foreign country and subsequently published in the United States, the applicant may submit one complete copy or phonorecord of the work as first published in the foreign country or one complete copy or phonorecord of the best edition as published in the United States.
• A work that is first published simultaneously in the United States and a foreign country is considered published in the United States. Id. As such, two complete copies or phonorecords of the best edition are generally required for such works.
Chapter 1500 : 8
12/22/2014
