1509.3(B)(2) Actual Copy(ies) Permitted in Some Exceptional Cases
When registering the following types of works the applicant may submit one complete copy in lieu of identifying material:
• Published three-dimensional cartographic representations, such as globes and relief models. 37 C.F.R. § 202.20(c) (2) (i) (A).
• Three-dimensional sculptural works fixed or published solely in the form of jewelry cast in base metal that does not exceed four inches in any dimension. 37 C.F.R. § 202.20(c)(2)(i)(G), (c)(2)(xi)(B)(5).
• Games that include multiple three-dimensional parts that are packaged and published in a box or similar container with flat sides and with dimensions of no more than twelve by twenty-four by six inches. 37 C.F.R. § 202.20(c)(2)(i)(G), (c)(xi) (B)(3); see also Part 202 - Registration of Claims to Copyright, Deposit Requirements, 43 Fed. Reg. 41,975, 41,976 (Sept. 19, 1978).
• Three-dimensional visual arts works fixed or published in or on a useful article that comprises one of the elements of the unit of publication for an educational or instructional kit that also includes a literary work, an audiovisual work, a sound recording, or any combination of such works. 37 C.F.R. § 202.20(c)(2)(i)(G),
(c) (2) (xi) (B)(2).
NOTE: For all other three-dimensional works, the applicant must submit identifying material instead of submitting an actual copy of the work. For information concerning the requirements for identifying material, see Section 1509.3(C).
1509.3(C) Identifying Material
When registering a visual arts work with identifying material, the applicant should submit photographic prints, transparencies, photostats, drawings, or similar two- dimensional reproductions or renderings of the work in a form that is visually perceptible without the aid of a machine or device. See 37 C.F.R. § 202.21(a). The applicant should submit as many pieces of identifying material as necessary to show the entire copyrightable content of the work claimed in the application. Id. § 202.21(b). In addition, the applicant should include the title of the work on the front, back, or mount for at least one piece of identifying material. Id. § 202.21(d).
When registering a pictorial or graphic work, the identifying material should reproduce the actual colors employed in the work. In all other cases, the identifying material may be black and white or may consist of a reproduction of the actual colors. Id. § 202.21(a).
If the work has been published with a copyright notice, the location and content of the notice should be included on at least one piece of identifying material. Id. § 202.21(e). If the work was published without a notice, applicants may include any proprietary information concerning the owner, publisher, or distributor that was published on the work or on a tag, label, or packaging for the work.
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