• If the applicant intends to register a revised version of a database, the applicant should submit fifty representative pages or data records that were added to or modified in that version. If the revised database contains multiple separate or distinct data files, the applicant also should submit a descriptive statement containing the information set forth in Chapter 1100, Section 1117.6(C).
See id. § 202.20(c)(2)(vii)(D)(l), (3), (4).
If the database contains a copyright notice, the applicant should provide the following information:
• If the notice is in a machine-readable format, the applicant should provide the exact content of the notice and indicate the manner and frequency with which it is displayed [e.g., at a terminal when a user signs on, continuously on the terminal display, on print outs from the database, etc.).
• If the notice appears on copies of the database or on magnetic tape reels or the containers for those reels, the applicant should submit a photocopy or other sample of the notice.
M§ 202.20(c)(2)(vii)(D)(6)-(7).
1509.1(D)(3) Databases That Predominantly Consist of Photographs
This Section discusses the deposit requirements for a database that consists predominantly of photographs.
In all cases, the applicant must submit a copy of each photograph that is included in the claim. 37 C.F.R. § 202.20(c)(2)(vii)(D)(8). The applicant may submit the photographs in a hard copy format using one of the formats described in Chapter 1100, Section 1116.4. In the alternative, the applicant may upload the photographs in an electronic format, provided that the applicant obtains permission to use the electronic registration system from the Visual Arts Division, and 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 identifying portions of the database using one of the methods described in Section 1509.1(D)(2).
NOTE: 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.
See generally Deposit Requirements for Registration of Automated Databases That Predominantly Consist of Photographs, 76 Fed. Reg. 5106 (Jan. 28, 2011); Registration of Claims to Copyright, 76 Fed. Reg. 4072 (Jan. 24, 2011).
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