1509.1(D) Databases
This Section discusses the deposit requirements for registering a specific version of a single-file or multi-file database.
NOTE: A registration for a specific version of a database does not cover previously published versions of that database. Likewise, it does not cover any subsequent updates or revisions that may be made to the database, regardless of whether the database is published or unpublished. However, the Office has established a special procedure that allows applicants to register a database together with the subsequent updates or revisions that were made to that database within a period of three months or less. The deposit requirements for this group registration option are discussed in Chapter 1100, Section 1117.6.
1509.1(D)(1) Databases Fixed in CD-ROMs
If the database has been fixed in a CD-ROM, the applicant should submit "one complete copy of the entire CD-ROM package." See 37 C.F.R. § 202.20(c)(2)(xix)(A). If a member of the Registration Program is unable to view the CD-ROM using the equipment available in the U.S. Copyright Office, he or she will communicate with the applicant. See id. §
202.20(c)(2)(xix)(B).
In all other cases, the applicant should submit identifying portions of the database, as discussed in Sections 1509.1(D)(2) and 1509.1(D)(3) below.
1509.1(D)(2) Databases That Do Not Consist Predominantly of Photographs
This Section discusses the deposit requirements for a database that does not consist predominantly of photographs.
The applicant should submit identifying portions for the specific version of the database that the applicant intends to register, regardless of whether the database is published or unpublished. The identifying portions should be submitted on paper or in microfilm and should be visually perceptible without the aid of a machine or device. See 37 C.F.R. § 202.20(c)(2)(vii)(D).
The amount of material that is required varies depending on whether the applicant intends to register a revised database, and whether the database contains a single data file or multiple separate and distinct data files. For purposes of registration, a data file is a group of records pertaining to a common subject matter, regardless of the size or the amount of data within the records. Id. § 202.20(c)(2)(vii)(D)(2).
• If the database contains a single data file, the applicant should submit the first twenty-five pages and last twenty-five pages or equivalent units of the database.
• If the applicant intends to register a database that contains multiple separate or distinct data files, the applicant should submit fifty complete data records from each data file or the entire data file, whichever is less. In addition, the applicant should submit a descriptive statement containing the information set forth in Chapter 1100, Section 1117.6(C).
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