The terms "best edition," "complete copy," and "identifying material" are defined and discussed in Sections 1504, 1505, and 1506. Section 1507 discusses the appropriate format for the deposit, while Sections 1508.1 through 1508.7 discuss the procedure for submitting the deposit to the Office. Section 1508.8 discusses the procedure for requesting special relief from the deposit requirements.
1504 What Is the Best Edition of the Work?
The "best edition" of a work is defined as "the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes." 17 U.S.C. § 101; 37 C.F.R. §§ 202.19(b)(1), 202.20(b)(1).
The criteria used to determine the best edition for a particular work are listed in the "Best Edition Statement" set forth in Appendix B to Part 202 of the Office's regulations. The Best Edition Statement is also posted on the Office's website in Circular 7B: Best Edition of Published Copyrighted Works for the Collections of the Library of Congress (www.copyright.gov/circs/circ07b.pdf).
NOTE: If a work is first published in both hard copy format [i.e., in a physically tangible format) and an electronic format, the requirements set forth in the Best Edition Statement for the hard copy format apply. 37 C.F.R. § 202.20(b)(1). It is the applicant's responsibility to submit the correct deposit.
1505 What Is a Complete Copy or Phonorecord?
The meaning of the term "complete" copy or phonorecord varies depending on the following factors:
• The type of work.
• Whether the work is unpublished or published.
• If published, whether the work was published in electronic or hard copy format.
• If the work was published as a contribution to a collective work.
See 37 C.F.R. § 202.20(b)(2). These factors are discussed in Sections 1505.1 through 1505.5 below.
1505.1 Copies or Phonorecords of Unpublished Works
A copy or phonorecord of an unpublished work is complete if it contains all of the copyrightable authorship claimed on the application. See 37.C.F.R. § 202.20(b)(2)(f).
1505.2 Copies or Phonorecords of Published Works
A copy or phonorecord of a published work is complete if it "includes all elements comprising the applicable unit of publication of the work, including elements that, if considered separately, would not be copyrightable subject matter." 37 C.F.R. § 202.20(b)(2)(h).
Chapter 1500 : 9
12/22/2014
