issued on an established schedule in successive parts bearing numerical or chronological designations, without subsequent alterations, and intended to be continued indefinitely." Id. § 202.19(b)(4). (For a definition of the term "electronic work," see Section 1511.3.)
The Register has promulgated an interim rule for this category of works. The category includes periodicals, newspapers, annuals, and the journals, proceedings, transactions, and other publications of societies. It does not include works that are published both online and in physical form. Likewise, it does not include works that are constantly updated with no demarcation between particular, discrete issues of the publication. See Mandatory Deposit of Published Electronic Works Available Only Online, 75 Fed. Reg. 3863,3865 (Jan. 25, 2010).
For additional information concerning this procedure, see 37 C.F.R. § 202.24.
1511.7 How to Submit Mandatory Deposits
This Section discusses the procedure for submitting copies or phonorecords to the U.S. Copyright Office for the purpose of mandatory deposit.
1511.7(A) Copies or Phonorecords Submitted with an Application for Registration
As a general rule, the copyright owner or owner of the exclusive right of publication in a published work may satisfy the mandatory deposit requirement by registering that work with the U.S. Copyright Office. See 17 U.S.C. § 408(b)(2). To do so, the applicant should submit a completed application, the appropriate filing fee, and the appropriate number of complete copy(ies) or phonorecord(s) of the best edition of the work.
For guidance in completing an application and for information concerning the filing fee, see Chapters 600 and 1400. For guidance in submitting the deposit copies or phonorecords for an application, see Section 1508.
1511.7(B) Copies or Phonorecords Submitted without an Application for Registration
For some categories of works the deposit requirements for registration and mandatory deposit are not the same, such as works that may be registered with identifying material or with a grant of special relief. In such cases, a separate submission of copies, phonorecords, or identifying material may be needed to register the work and to satisfy the mandatory deposit requirements. If so, the copyright owner or owner of the exclusive right of publication may satisfy the mandatory deposit requirement by submitting the required number of copies or phonorecords of the best edition to the following address:
Library of Congress
U.S. Copyright Office
Attn: 407 Deposits
101 Independence Avenue SE
Washington, D.C. 20559
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