See 37 C.F.R. § 202.20(b) (2) (iv).
1506 Identifying Material
Identifying material ("ID material") is material that adequately represents the authorship claimed in an unpublished or published work. The U.S. Copyright Office has the authority to accept identifying material in lieu of a complete copy or phonorecord in cases where the copies or phonorecords would be too "bulky, unwieldy, easily broken, or otherwise impractical [to serve] as records identifying the work registered." H.R. Rep. No. 94-1476, at 154 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5770.
Examples:
• To register a sculpture, the applicant may submit identifying material consisting of photographs taken at every angle of the sculpture, rather than submitting the actual sculpture. See 37 C.F.R. §§ 202.20(c)(2)(xi)(A)(l), 202.21(b).
• To register a copyrightable design that has been applied to the back of a useful article, such as a chair, the applicant may submit drawings of the design as it appears on the chair rather than the actual piece of furniture. See 37 C.F.R. §§ 202.20(c)(2)(xi)(B)(2), 202.21(a).
• To register a computer program, the applicant generally may submit identifying material containing a selection of the source code from the program. See 37 C.F.R. § 202.20(c) (2) (vii).
Submitting identifying material may be mandatory or permissive. In some cases, the applicant must submit identifying material in lieu of copies or phonorecords of the actual work, while in other cases the applicant has the option of submitting identifying material or actual copies or phonorecords of the work. Identifying material must be visually perceptible to the naked eye, meaning that the Office's staff should not have to use a machine or device to examine the work. See 37 C.F.R. § 202.21(a).
The Register also may require submission of identifying material by regulation, in addition to the best edition. 17 U.S.C. § 408(b).
The specific type of identifying material that should be submitted varies depending on the type of work. The cases where identifying material is an acceptable substitute for copies or phonorecords of the actual work are described in the following sections:
Literary Works
• Computer programs: Section 1509.1(C)
• Databases: Sections 1509.1(D)(2) and 1509.1(D)(3).
• GATT Literary Works: Section 1509.1Q).
Chapter 1500 : 11
12/22/2014
