Chapter 800

 

DEPOSIT FOR REGISTRATION

 

Outline of Topics

 

801 Applicability of this chapter.

 

802 Statutory provisions.

 

803 Quantity and content of material deposited: in general.

 

804 Unpublished works.

 

804.01 Unpublished works: the meaning of "complete."

804.02 Unpublished works: nature of copy.

 

805 Published works.

 

805.01 Published works: number of copies or phonorecords.

805.02 Published works: the meaning of "complete."

805.03 The meaning of "best edition."

 

806 Quantity and content of material deposited: special

situations.

 

806.01 Works reproduced in or on three-dimensional objects.

806.02 Oversize copies.

806.03 Holograms.

806.04 Unpublished pictorial or graphic works.

806.05 pictorial or graphic works published in certain

limited editions.

806.06 Published commercial prints or labels.

806.07 Published tests and answer material.

806.08 Secure tests.

806.09 pictorial or graphic works reproduced in or on

sheetlike materials.

806.10 pictorial or graphic works reproduced on sheet-

like materials published only in or on three-

dimensional objects.

806.11 Separate registration for work embodied only in

a motion picture sound track.

806.12 Machine-readable works.

806.13 Motion pictures.

                                                -1 -

[1984]

 

 

 

 

 

Chapter 800

DEPOSIT FOR REGISTRATION

Outline of Topics -2 –

 

807 Motion picture Agreement.

 

807.01 Who may enter into the Agreement.

807.02 Who may sign the Agreement.

807.03 Return of deposit copy under the Agreement.

807.04 Recall of the deposit copy under the Agreement.

807.05 Quality of copy deposited under the Agreement.

807.06 Supplemental property Agreement.

807.07 Termination of the Motion picture Agreement.

 

808 Special relief from the deposit requirements for

registration.

 

808.01 Special relief: in general.

808.02 Special relief: criteria.

808.03 Special relief: procedures.

808.04 Special relief: continuous or ongoing grants.

 

809 Relationship of deposit for registration to mandatory

deposit under 17 U.S.C. 407.

 

810 Appendix.

 

[1984]

 

 

Chapter 800

 

DEPOSIT FOR REGISTRATION

 

801 Applicability of this chapter. The provisions of

this chapter are applicable to works for which an

application for copyright registration is made on

or after January 1, 1978.

 

802 Statutory provisions. At any time during the sub-

sistence of copyright in any published or unpub-

lished work, the owner of copyright or of any

exclusive right in the work may apply for regis-

tration of the copyright claim by delivering to

the Copyright Office the application and fee

specified by sections 409 and 708 of the copyright

law (see Chapter 700: APPLICATIONS AND FEES),

along with the deposit specified in section 408 of

the copyright law and explained in this chapter.

See 17 U.S.C. 408(a). Except as modified by the

copyright Office Regulations adopted pursuant to

the provisions of 17 U.S.C. 408{c), the deposit

for registration shall consist of:

 

1) For an unpublished work, one complete copy or

phonorecord;

 

2) For a work first published in the United States

before January I, 1978, two complete copies or

phonorecords of the work as first published;

 

3) For a work first published in the United States

on or after January I, 1978, two complete copies

or phonorecords of the best edition;

 

4) For a work first published outside the united

States, one complete copy or phonorecord as so

Published;

 

5) For a contribution to a collective work, one

complete copy or phonorecord of the best edition

of the collective work.

 

See 17 U.S.C. 408(b).

 

800-1

 

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800-2

 

802 Statutory provisions. (cont'd)

 

NOTE: The Register of Copyrights is authorized by

the law to specify by regulation the administrative

classes into which works are to be placed for pur-

poses of deposit and registration and the nature of

the copies or phonorecords to be deposited in the

various classes specified. The regulations may

require or permit the deposit of identifying material

instead of copies or phonorecords, the deposit of

only one copy or phonorecord where two would normally

be required, or a single registration and an atten-

dant deposit for a group of related works. See 17

U.S.C. 408(c)(1). The Register is directed by the

law to establish regulations specifically permitting,

under certain conditions, a single registration for

a group of contributions to periodicals by the same

author published within a twelve-month period. See

17 U.S.C. 408(c)(2).

 

803 Quantity and content of material deposited: in gen-

eral. The statute authorizes the Register of Copy-

rights to specify by regulation the quantity and

content of the material to be deposited. The regu-

lations lessen the requirements in many cases by

reducing the necessary deposit for published works

from two copies or phonorecords to one, by permitting

the deposit of identifying material instead of a copy

or phonorecord, and by providing for specially

tailored relief from the deposit requirements in

cases of unnecessary hardship or in unusual circum-

stances, through the mechanism of "special relief."

These regulations also require, in some cases, the

deposit of identifying material instead of the

copy or phonorecord otherwise required. Exceptions

to the basic deposit requirements are explained in

detail in sections 804 through 806 below.

 

803 Quantity and content of material deposited: in general. The statute requires for

unpublished works that one copy or phonorecord be

deposited, and that the single copy or phonorecord

be "complete." See 17 U.S.C. 408(b)(1).

 

804.01 Unpublished works: the meaning of "complete."

Generally, the requirement that an unpublished

copy or phonorecord be "complete" means that

 

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800-3

 

804 Unpublished works. (cont’d)

 

804.01 Unpublished works: the meaning of "complete."

(cont'd)

 

it must embody the entire copyrightable content

of the work for which registration is sought.

See 37 C.F.R. 202.20(b)(2)(i). For unpublished

motion pictures, the deposit regulations give the

term "complete" a special meaning as set forth in

section 806.13(a) below.

 

804.02 Unpublished works: nature of copy. The

general rule that only one complete copy is

required is modified for certain types of

works. For some works, identifying material

mayor must be substituted for the actual copy

required. In other cases, additional material

must accompany the single copy deposited. The

special requirements for each specific type of

work are explained later in this chapter, at

the sections cited below.

 

804.02(a) Identifying material. If the following are

unpublished, identifying material mayor must

be submitted:

 

1) Certain pictorial and graphic works

(see sections 806.04 and 806.05

below);

 

2) Machine-readable works such as com-

puter programs and data bases (see

section 806.12 below);

 

3) Works on sheetlike materials (see

sections 806.09 and 806.10 below):

4) Three-dimensional works (see section

806.01 below);

 

5) Works as embodied in a motion picture

sound track (see section 806.11 below);

 

6) Oversize copies of any type (see sec-

tion 806.02 below);

 

7) Motion pictures (see sections 804.02(b)

and 806.13(a) below).

 

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800-4

 

804 Unpublished works. (cont'd)

 

804.02 Unpublished works: nature of copy. (cont'd)

 

804.02(b) Additional material. The following are

unpublished works for which the deposit of

a single copy must be accompanied by addi-

tional material of some kind:

 

I) Motion pictures (see section 806.13

below);

 

2) Holograms (see section 806.03 below).

 

805 Published works. Three general requirements apply

to the deposit of works first published in the United

States: (I) two copies or phonorecords must be

deposited: (2) the copies or phonorecords must be

"complete": and (3) the copies or phonorecords

must be the "best edition" of the work, as defined

by the statute. See 17 U.S.C. 408(b)(2).

 

805.01 Published works: number of copies or phono-

records. Although two copies or phonorecords

are generally required for registration of

published works, the statute empowers the

Register of Copyrights to specify that the

deposit shall be one copy or phonorecord for

particular types of works. See 17 U.S.C.

408(c)(I). The deposit regulations (37 C.F.R.

202.20(c)(2)(iª state that the deposit of

only one copy or phonorecord will suffice in

lieu of two copies or phonorecords for certain

works:

 

1) Published three-dimensional cartographic

representations of area, such as globes

and relief models;

 

2) Published diagrams illustrating scientific

or technical works or formulating scien-

tific or technical information in linear

or other two-dimensional form, such as an

architectural or engineering blueprint, or

a mechanical drawing;

 

3) Published greeting cards, picture postcards,

and stationery;

 

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800-5

 

805 Published works. (cont'd)

 

805.01 Published number of copies or phono-

records.

 

4) Lectures, sermons, speeches, and addresses

published individually, and not as a col-

lection of the works of one or more authors;

 

5) Published contributions to a collective

work;

 

6) Musical compositions published in copies

only or in both copies and phonorecords,

if the only publication of copies took

place by rental, lease, or lending;

 

7) Published multimedia kits which are pre-

pared for use in systematic instructional

activities and which include literary

works, audiovisual works, sound record-

ings, or any combination of such works;

 

8) Works consisting of multiple parts that are

packaged and published in a flat-sided box or

similar container, of no more than 12 by 24

by 6 inches, and that include among the copy-

rightable elements of the work, in addition

to any copyrightable element on the box or

other container, three or more three-dimen-

sional, physically separable parts. See 37

C.F.R. 202.20(c)(2)(i)(H), 37 C.F.R. 202.20

(c)(2)(ix)(B)(5), and section 806.01(a)(4)

below and

 

9) Motion pictures.

 

805.02 Published works: the meaning of “complete”.

In general, the requirement that published

copies or phonorecords be "complete" means

that they should be physically undamaged and

include all elements of the applicable unit

of publication of the work, including elements

that, if considered separately, would not be

copyrightable subject matter. See 37 C.F.R.

202.20(b)(2)(ii).

 

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800-6

 

Published works. (cont'd)

 

805.02 Published works: the meaning of "complete".

(cont'd)

 

805.02(a) Complete copies: missing parts. Where

certain physically separable elements are

missing from the deposit, a copy or phono-

record will still be accepted as a complete

copy, if:

 

1) All the parts of the work for which

registration is sought are present; and

 

2) The removal of the missing elements did

not physically damage the copy or phono-

record or garble its contents; and

 

3) The work is exempt from mandatory deposit

under section 407 of the copyright law

(see 17 U.S.C. 407, and 37 C.F.R. 202.19

(c)) or the copy deposited consists entirely

of a container, wrapper, or holder which

is exempt from the identifying material

requirements because it can be stored

flat. See section 806.01 (a) below.

 

805.02(b) Complete copies: special situations. In

particular situations, the deposit regula-

tions give a special definition of the word

"complete" when it applies to certain pub-

lished works.

 

805.02(b)(I) Contributions to collective works. A

complete copy or phonorecord of a pub-

lished contribution to a collective work

is either the entire collective work, in-

cluding the contribution or, if the col-

lective work is a newspaper, the entire

section of the paper which includes the

contribution. See 37 C.F.R. 202.20(b)

(2)(iii).

 

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800-7

 

805 Published works. (cont'd)

 

805.02 Published works: the meaning of "complete."

(cont'd)

 

805.02(b) Complete copies: special situations.

(cont'd)

 

805.02(b)(2) Published sound recordings. In the case

of a published sound recording, a com-

plete phonorecord includes the phono-

record and any visually perceptible

material which is published with it, such

as text or pictorial matter on album

covers on record sleeves, or leaflets or

booklets included in an album. See 37

C.F.R.202.20(b)(2)(iv).

 

Example:

 

A phonorecord is published with an

album cover, a sleeve with text, and

a poster picturing the performing

artist. The complete deposit of the

sound recording is the phonorecord

plus all the additional material

described above as the unit of

publication.

 

805.02(b)(3) Music published only by rental lease, or

lending. In the case of a musical compo-

sition published in copies only, or in

both copies and phonorecords, if the only

publication of copies took place by the

rental, lease, or lending of a full score

and parts, a full score is a complete

copy; and if the only publication of

copies took place by the rental, lease,

or lending of a conductor's score and

parts, a conductor's score is a complete

copy. See 37 C.F.R. 202.20(b)(2)(v).

 

805.02(b)(4) Motion pictures. A special definition of

"complete" applies to published motion

pictures. A copy of a motion picture is

complete if:

 

[1984]

 

 

800-8

 

Published works. (cont'd)

 

805.02 Published works: the meaning of "complete."

(cont'd)

 

805.02(b) Complete copies: special situations.

(cont'd)

 

805.02(b)(4) Motion pictures. (cont'd)

 

-- the reproduction of all of the visual

and aural elements constituting the

copyrightable subject matter in the

work is clean, undamaged, undeterio-

rated, and free of splices, and

 

-- the copy itself and its physical

housing are free of any defects that

would interfere with the performance

of the work or that would cause me-

chanical, visual, or audible defects

or distortions. See section 806.13

below.

 

805.03 The meaning of "best edition." The copyright

law generally requires that a deposit of a

published work be the "best edition" of the work.

See 17 U.S.C. 408(b)(2) .The "best edition" of a

published work is "the edition, published in the

United States at any time before the date of

deposit, that the Library of Congress determines

to be most suitable for its purposes." See 17

U.S.C. 101.

 

805.03(a) Library of Congress statement of policy. The

Library of Congress has published a policy

statement entitled "Best Edition of Published

Copyrighted Works for the Collections of the

Library of Congress" (referred to hereinafter

as the "Best Edition Statement" or the

"Statement"). This policy statement is not a

part of the copyright statute, nor is it a

Copyright Office regulation. It expresses,

by listing the criteria for choosing among

several editions of a work, part of the

current acquisitions policies of the Library

of Congress with respect to certain works.

 

[1984]

 

800-9

 

805 Published works. (cont'd)

 

805.03 The meaning of "best edition." (cont'd)

 

805.03(a) Library of Congress statement of policy.

(cont'd)

 

Examples:

 

1) In 1978, a copyright owner publishes a

novel in both paperback and hardback

editions. There was no difference in the

content of the book between the paperback

and the hardback. The Best Edition State-

ment was used to choose between the two.

According to the criteria listed in the

Best Edition Statement, the hardback was

determined to be the best edition.

 

2) In 1980, a copyright owner published an

architectural treatise on ordinary paper

and on archival quality paper. According

to the criteria specified in the Best

Edition Statement, the archival quality

paper was chosen as the best edition.

NOTE: The text of the "Best Edition of pub-

lished Copyrighted Works for the Collections

of the Library of Congress" may be found in

the Appendix to this chapter.

 

805.03(b) If no specific criteria in Best Edition

Statement. Where no specific criteria for

selection of the best edition are included

in the Best Edition statement for a given

work, and where the Copyright Office is aware

that two or more editions of a work have been

published, the Office will consult with appro-

priate officials in the Library of Congress.

 

Example:

 

Where an audiovisual work was published

in two editions, one on a filmstrip and

the other as a set of slides, the Office

will consult with appropriate officials

in the Library of Congress, since this

situation is not covered in the Best

Edition Statement.

 

[1984]

 

 

800-10

 

805 Published works. (cont'd)

 

805.03 The meaning of "best edition." (cont'd)

 

805.03(c) Difference in copyrightable content. Where

there is a difference in copyrightable con-

tent between two or more editions of a work,

each edition which contains new copyrightable

authorship is subject to separate deposit and

registration. Consequently, the Best Edition

Statement, based on such differences, does

not apply.

 

Example:

 

In 1978, a copyright owner published a

novel in hardback without annotations,

and later published the novel in hardback

with extensive annotations. In this

case, new copyrightable matter was added

to the second book. Thus, the second

book is considered a separate work for

purposes of deposit and registration, and

therefore the Best Edition Statement,

based on such differences, does not

apply.

 

805.03(d) Exceptions to the requirement of the best

edition. There are two important exceptions

to the general requirements of the best edi-

tion explained above. These exceptions are

for works first published before January 1,

1978, but submitted for registration after

that date, and works first published outside

the United States, whenever published.

 

805.03(d)(1) A work first published in the United

States before January 1, 1978. Generally

the required deposit-for any work which

was first published in the United States

before January 1, 1978, is two complete

copies or phonorecords of the work as

first published. See 37 C.F.R. 202:20

(c)(l)(ii).

 

[1984]

 

 

800-11

 

805 Published works. (cont'd)

 

805.03 The meaning of "best edition." (cont'd)

 

805.03(d) Exceptions to the requirement of the best

edition. (cont'd)

 

805.03(d)(2) A work first published outside the United

States at any time. Generally, the re-

quired deposit for works first published

outside the United States, whenever pub-

lished, is one complete copy or phono-

record of the work as first published.

See 37 C.F.R. 202.20(c)(1)(iv).

 

805.03(d)(3) Works first published simultaneously

within and outside the United States. If

a work was first published simultaneously

within and outside the United States, it

is considered, for the purposes of this

section, to have been first published in

the United States. See 37 C.F.R. 202.20

(c)(l)(iv).

 

NOTE: "First published simultaneously,"

for this purpose, means first published

on the same date.

 

806 Quantity and content of material deposited: special

situations. The following are special situations

with respect to the quantity and content of material

deposited for registration.

 

806.01 Works reproduced in or on three-dimensional

objects. In the case of works reproduced in or on

three-dimensional objects, identifying material

is required as a deposit.

 

806.01(a) Works reproduced in or on three-dimensional

objects: when this modification applies.

Identifying material must be submitted

instead of a copy or copies when the deposit

would ordinarily be a three-dimensional

sculptural work. Examples are statues,

carvings, ceramics, and models. This

requirement applies to both unpublished and

published works. Subject to the exceptions

 

[1984]

 

 

800-12

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.01 Works reproduced in or on three-dimensional

objects. (cont'd)

 

806.01(a) Works reproduced in or on three-dimensional

objects: when this modification applies.

(cont'd)

 

below, the requirement also applies to any

two-dimensional or three-dimensional work

which has been fixed (if unpublished) or

published only in the form of jewelry, toys,

dolls, games, or any three-dimensional useful

articles. See 37 C.F.R. 202.20(c)(2)(ix)(A).

 

NOTE: The following are exceptions to the

general requirements of submitting identi-

fying material instead of an actual copy or

copies:

 

1) Works that are reproduced by intaglio or

4relief printing methods on two-dimen-

sional materials such as paper or fabrics.

 

2) Three-dimensional cartographic represen-

tations of area, such as globes and

relief models. In the case of a globe,

one actual copy of the three-dimensional

globe, and the stand or any material pub-

lished with it, is the complete deposit.

 

3) Works that have been fixed or published

in or on a useful article which is one of

the elements of the unit of publication

of a multimedia kit (an educational or

instructional kit which also includes a

literary or audiovisual work, a sound

recording, or any combination of such

works). See 37 C.F.R. 202.20(c)(ix)

(B)(3).

 

4) Works consisting of multiple parts that

are packaged and published in a flat-

sided box or similar container, of no

more than 12 by 24 by 6 inches, and that

 

[1984]

 

 

800-13

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.01 Works reproduced in or on three-dimensional

objects. (cont'd)

 

806.01(a) Works reproduced in or on three-dimensional

objects: when this modification applies.

(cont'd)

 

NOTE: (cont'd)

 

4) (cont'd)

 

include among the copyrightable elements

of the work, in addition to any copy-

rightable element on the box or other

container, three or more three-dimen-

sional, physically separable parts.

 

5) Works reproduced on three-dimensional

containers which are capable of flat

storage and which, when opened, slit, or

folded, do not exceed 96 inches in any

dimension. The container must be capable

of being flattened in such a way that the

copyrightable material on the container

is not damaged.

 

806.01(b) Works reproduced in or on three-dimensional

objects: what must be deposited. When

identifying material is required, it must

comply with the specifications below. See 37

C.F.R. 202.21.

 

806.01(b)(1) Type of material. Identifying material

consists of a two-dimensional reproduc-

tion or rendering of the work in some

form which is visually perceivable with-

out the aid of a machine or device. The

identifying material may consist of photo-

graphic prints, transparencies, photo-

copies, drawings, or a similar rendering

of the work.

 

[1984]

 

 

800-14

 

806 Quantity and content of material deposited: special 4

situations. (cont'd)

 

806.01 Works reproduced in or on three-dimensional

objects. (cont'd)

 

806.01(b) Works reproduced in or on three-dimensional

objects: what must be deposited. cont'd

806.01(b)(2) Number of pieces. One set, of as many

pieces as are necessary to show clearly

the entire copyrightable content of the

work for which registration is sought, is

required.

 

806.01(b)(3) Content of pieces.

 

* Copyrightable content. The identi-

fying material must clearly show the

entire copyrightable content of the

work for which registration is sought.

 

* Copyright notice. In the case of

works published with notice of copy-

4right, the notice and its position on

the work must be clearly shown on at

least one piece of identifying mate-

rial. Such piece shall show the exact

appearance and content of the notice,

and its specific position on the work.

Where necessary because of the size

or position of the notice, a separate

drawing or similar reproduction shall

be submitted.

 

* Title and dimensions. At least one

piece of identifying material must

indicate, on its front, back, or

mount, the title of the work, and an

exact measurement of one or more

dimensions of the work.

 

* Image size. Generally, except in the

case of photographic transparencies, the

image of the work must be lifesize or

larger. However, if less than lifesize,

the image must be large enough to show

clearly the entire copyrightable con-

tent of the work.

 

[1984]

 

 

800-15

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.01 Works reproduced in or on three-dimensional

objects. (cont'd)

 

806.01(b) Works reproduced in or on three-dimensional

objects: what must be deposited. (cont'd)

 

806.01(b)(3) Content of pieces. (cont'd)

 

* Color. Generally, the identifying

material may be in black and white or

may consist of a reproduction of the

actual colors of the work. However,

if the work reproduced in or on the

three-dimensional object is pictorial

or graphic, the identifying material

must reproduce the actual colors

employed in the work.

 

806.01(b)(4) Size of pieces.

 

* Uniform size. All pieces, except

separate drawings or similar repro-

ductions of the copyright notice, must

be of uniform size.

 

* Photographic transparencies. Photo-

graphic transparencies must be at least

35mm in size, and if 3 by 3 inches or

less, they must be mounted in card-

board, plastic, or similar mounts to

facilitate identification, handling,

and storage. If the transparencies

are larger than 3 by 3 inches, the

Copyright Office prefers that they be

mounted for easy handling, and may

require such mounting in particular

cases.

 

* All pieces except photographic trans-

parencies. The preferred size for all

pieces except photographic transpar-

encies is 8 by 10 inches, but in no

case may a piece be smaller than 3 by

3 inches or larger than 9 by 12 inches.

 

[1984]

 

 

 

800-16

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.02 Oversize copies. In the case of any copy which

is oversize, identifying material is required as

a deposit.

 

806.02(a) Oversize copies: when this requirement applies.

Identifying material must be submitted in lieu

of an actual copy or copies whenever any

single dimension of a deposit otherwise

required under the regulations is larger than

96 inches. See 37 C.F.R. 202.20(c)(2)(ix).

 

806.02(b) Oversize copies: what must be deposited.

When identifying material is required, it

must comply with the specifications below.

See 37 C.F.R. 202.21.

 

806.02(b)(1) Type of material. Identifying material

consists of a two-dimensional reproduction

or rendering of the work in some form which

is visually perceived without the aid of

a machine or device. The identifying

material may consist of photographic

prints, transparencies, photocopies,

drawings, or a similar rendering of the

work.

 

806.02(b)(2) Number of pieces. One set, of as many

pieces as are necessary to show clearly

the entire copyrightable content of the

work for which registration is sought, is

required.

 

806.02(b)(3) Content of pieces.

 

* Copyrightable content. The identi-

fying material must clearly show the

entire copyrightable content of the

work for which registration is sought.

 

* Copyright notice. In the case of works

published with notice of copyright, the

notice and its position on the work must

be clearly shown on at least one piece

of identifying material. Such piece

 

(1984]

 

 

800-17

 

806 Quantity of material deposited: special

situations. (cont’d)

 

806.02 Oversize copies. (cont'd)

 

806.02(b) Oversize copies: what must be deposited.

(cont'd)

 

806.02(b)(3) Content of pieces. (cont'd)

 

* Copyright notice. (cont'd)

shall show the exact appearance and con-

tent of the notice, and its specific

position on the work. Where necessary

because of the size or position of the

notice, a separate drawing or similar

reproduction shall be submitted.

 

* Title and dimension. At least one

piece of identifying material must

indicate, on its front, back, or mount,

the title of the work, and an exact

measurement of one or more dimensions

of the work.

 

* Image size. Generally, except in the

case of photographic transparencies, the

image of the work must be lifesize or

larger. However, if less than life-

size, the image must be large enough

to show clearly the entire copyright-

able content of the work.

 

* Color. Generally, the identifying

material may be in black and white or

may consist of a reproduction of the

actual colors of the work. However,

if the work reproduced in or on the

three-dimensional object is pictorial

or graphic, the identifying material

must reproduce the actual colors

employed in the work.

 

[1984]

 

 

800-18

 

806 Quantity of material deposited: special

situations. (cont’d)

 

806.02 Oversize copies.

 

806.02(b) Oversize copies: what must be deposited.

(cont'd)

 

806.02(b)(4) Size of pieces.

 

* Uniform size. All pieces, except

separate drawings or similar repro-

ductions of the copyright notice, must

be of uniform size.

 

* Photographic transparencies. Photo-

graphic transparencies must be at

least 35mm in size. If the trans-

parencies are 3 by 3 inches or less,

they must be mounted in a way that

makes them easy to handle and pre-

serve and the Copyright Office may

require such mounting in particular .

cases.

 

* All pieces except photographic trans-

parencies. The preferred size for all.

pieces except photographic transpar-

encies is 8 by 10 inches, but in no

case may a piece be smaller than 3 by

3 inches or larger than 9 by 12 inches.

 

806.03 Holograms. In the case of any work deposited

in the form of a hologram, identifying material

which complies with the specifications below must

be submitted with the required copy or copies of

the hologram. See 37 C.F.R. 202.20(c)(2)(iii).

 

806.03(a) Holograms: when this modification applies. This requirement applies to both unpublished and published holograms.

 

[1984]

 

 

800-19

 

806 Quantity of material deposited: special

situations. (cont’d)

 

806. 03 Holograms. (cont’d)

 

806.03(b) Holograms: what must be deposited. In addi-

tion to the copy or copies required to be

deposited for registration, there shall also

be deposited for each such copy one set of

additional items. The sets shall consist of

the following: (1) precise instructions for

displaying the image fixed in the hologram:

and (2) identifying material which clearly

shows the displayed image and complies with

the requirements set forth below.

 

806.03(b)(1) Type of material. Identifying material

consists of a two-dimensional reproduction

or rendering of the work in some form which

is visually perceivable without the aid

of a machine or device. The identifying

material may consist of photographic

prints, transparencies, photocopies,

drawings, or a similar rendering of the

work.

 

806.03(b)(2) Number of pieces. As many pieces as are

necessary to show clearly the displayed

image are required.

 

806.03(b)(3) Content of pieces.

 

* Copyrightable content. The identi-

fying material must clearly show the

displayed image.

 

* Copyright notice. In the case of

holograms published with notice of

copyright, the notice and its position

on the hologram must be clearly shown

on at least one piece of identifying

material. Such piece shall show the

exact appearance and content of the

notice on the hologram, and its

specific position on the hologram.

 

[1984]

 

 

800-20

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.03 Holograms. (cont'd)

 

806.03(b) Holograms: what must be deposited. (cont'd)

 

806.03(b)(3) Content of pieces. (cont'd)

 

* Copyright notice. (cont'd)

 

Where necessary because of the size or

position of the notice, a separate

drawing or similar reproduction shall

be submitted.

 

* Title. At least one piece of identi-

fying material must indicate, on its

front, back, or mount, the title of

the work.

 

* Image size. The identifying material

must be large enough to show clearly

the displayed image.

 

806.03(b)(4) Size of pieces.

 

* Uniform size. All pieces must be of

uniform size.

 

* Photographic transparencies. Photo-

graphic transparencies must be at

least 35mm in size. If the trans-

parencies are 3 by 3 inches or less,

they must be mounted  a way that

makes them easy to handle and pre-

serve; and the Copyright Office may

require such mounting in particular

cases.

 

* All pieces except photographic trans-

parencies. The preferred size for all

pieces except photographic transparen-

cies is 8 by 10 inches, but in no case

may a piece be smaller than 3 by 3

inches or larger than 9 by 12 inches.

 

[1984]

 

 

800-21

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.04 Unpublished pictorial or graphic works. Identi-

fying material may be deposited instead of an

actual copy for all unpublished pictorial or

graphic works.

 

806.04(a) Unpublished pictorial or graphic works: when

this modification applies: This provision

applies to all unpublished pictorial or

graphic works.

 

806.04(b) Unpublished pictorial or graphic works: what

must be deposited. Identifying material for

unpublished works is material which complies

with the specifications given below.

 

806.04(b)(1) Type of material. Identifying material

consists of a two-dimensional reproduction

or rendering of the work in some form

which is visually perceivable without the

aid of a machine or device. The identi-

fying material may consist of photo-

graphic prints, transparencies, photo-

copies, drawings, or a similar rendering

of the work.

 

806.04(b)(2) Number of pieces. One set, of as many

pieces as are necessary to show clearly

the entire copyrightable content of the

work for which registration is sought, is

required.

 

806.04(b)(3) Content of pieces.

 

* Copyrightable content. The identi-

fying material must clearly show the

entire copyrightable content of the

work for which registration is sought.

 

* Title and dimensions. At least one

piece of identifying material must

indicate, on its front, back, or mount,

the title of the work, and an exact

measurement of one or more dimensions

of the work.

 

[1984]

 

 

800-22

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.04 Unpublished pictorial or graphic works. (cont'd)

 

806.04(b) Unpublished pictorial or graphic works: what

must be deposited. (cont'd)

 

806.04(b)(3) Content of pieces. (cont'd)

 

* Image size. Generally, except in the

case of photographic transparencies,

the image of the work must be lifesize

or larger. However, if less than

lifesize, the image must be large

enough to show clearly the entire

copyrightable content of the work.

 

* Color. The identifying material must

reproduce the actual colors employed

in the work.

 

806.04(b)(4) Size of pieces.

 

* Uniform size. All pieces except sepa-

rate drawings or similar reproductions

of the copyright notice, if any, must

be of uniform size.

 

* Photographic transparencies. Photo-

graphic transparencies must be at

least 35rnm in size. If the transpar-

encies are 3 by 3 inches or less, they

must be mounted in a way that makes

them easy to handle and preserve: and

the Copyright Office may require such

mounting in particular cases.

 

* All pieces except photographic trans-

parencies. The preferred size for all

pieces except photographic transpar-

encies is 8 by 10 inches, but in no

case may a piece be smaller than 3 by

3 inches or larger than 9 by 12 inches.

 

[1984]

 

 

800-23

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.05 pictorial or graphic works published in certain

limited editions: The deposit of either one-

complete copy of the work or identifying material

complying with the specifications given below may

be made in the case of pictorial or graphic

works published in certain limited editions. See

37 C.F.R. 202.20(c)(2)(iv).

 

806.05(a) pictorial or graphic works published in

certain limited editions: when this modifi-

cation applies. This modification applies-to

published pictorial or graphic works only if

the individual author is the owner of copy-

right in the work, and either: (1) less than

five copies of the work have been published,

or (2) the work has been published and sold

or offered for sale in a limited edition

consisting of no more than 300 numbered

copies.

 

806.05(b) pictorial or graphic works published in

certain limited editions: what must be

deposited. The applicant may deposit either

one complete copy of the work or identifying

material which complies with the specifica-

tions given below. NOTE: It is not neces-

sary that the copy deposited be one of the

numbered copies of the limited edition.

 

806.05(b)(1) Type of material. Identifying material

consists of a two-dimensional reproduc-

tion or rendering of the work in some

form which is visually perceivable with-

out the aid of a machine or device. The

identifying material may consist of

photographic prints, transparencies,

photocopies, drawings, or a similar

rendering of the work.

 

806.05(b)(2) Number of pieces. One set, of as many

pieces as are necessary to show clearly

the entire copyrightable content of the

work for which registration is sought, is

required.

 

[1984]

 

 

800-24

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.05 pictorial or graphic works published in certain

limited editions. (cont'd)

 

806.05(b) pictorial or graphic works published in

certain limited editions: what must be

deposited. (cont'd)

 

806.05(b)(3) Content of pieces.

 

* Copyrightable content. The identi-

fying material must clearly show the

entire copyrightable content of the

work for which registration is sought.

 

* Copyright notice. In the case of

works published with notice of copy-

right, the notice and its position on

the work must be clearly shown on at

least one piece of identifying mate-

rial. Such piece shall show the exact

appearance and content of the notice,

and its specific position on the work.

Where necessary because of the size

or position of the notice, a separate

drawing or similar reproduction shall

be submitted.

 

* Title and dimension. At least one

piece of identifying material must

indicate, on its front, back, or

mount, the title of the work, and

an exact measurement of one or more

dimensions of the work.

 

* Image size. Generally, except in the

case of photographic transparencies,

the image of the work must be lifesize

or larger. However, if less than

lifesize, the image must be large

enough to show clearly the entire

copyrightable content of the work.

 

* Color. The identifying material must

reproduce the actual colors employed

in the work.

 

[1984]

 

 

800-25

 

806 Quantity of material deposited: special

situations. (cont’d)

 

806.05 pictorial or graphic works published in certain

limited editions. (cont'd)

 

806.05(b) pictorial or graphic works published in

certain limited editions: what must be

deposited. (cont'd)

 

806.05(b)(4) Size of pieces.

 

* Uniform size. All pieces except sepa-

rate drawings or similar reproductions

of the copyright notice must be of

uniform size.

 

* Photographic transparencies. Photo-

graphic transparencies must be at

least 35mm in size. If the transpar-

encies are 3 by 3 inches or less, they

must be mounted in a way that makes

them easy to handle and preserve; and

the Copyright Office may require such

mounting in particular cases.

 

* All pieces except photographic trans-

parencies. The-preferred size for all

pieces except photographic transparen-

cies is 8 by 10 inches, but in no case

may a piece be smaller than 3 by 3

inches or larger than 9 by 12 inches.

 

806.06 Published commercial prints or labels. Gen-

erally, in the case of prints, labels, and other

advertising matter published in connection with

the rental, lease, lending, licensing, or sale of

articles of merchandise, works of authorship, or

services, the deposit of one complete copy of the

work will suffice. There are two exceptions to

this general rule set forth below. See 37 C.F.R.

202.20(c)(2)(v).

 

806.06(a) Commercial prints or labels published in a

larger work. In the case of a print or label

published in a larger work, such as a news-

paper or other periodical, one copy of the

entire page or pages upon which it appears

may be submitted in lieu of the entire larger

work.

 

[1984]

 

 

800-26

 

806 Quantity of material deposited: special situations. (cont’d)

 

806.06 Published commercial prints or labels. (cont'd)

 

806.06(a) Commercial prints or labels published in a

larger work. (cont'd)

 

Example:

 

A soap company has published a half-page

advertisement in a newspaper, and submits

an application, fee, and the entire page

on which the advertisement appears, taken

from the newspaper. The deposit is

acceptable.

 

806.06(b) Commercial print or labels that are physi-

cally inseparable from a three-dimensional

object. In the case of a print or label

which is physically inseparable from a

three-dimensional object, identifying mate-

rial which complies with the following

specifications must be submitted rather than

4an actual copy unless the work is reproduced

on three-dimensional containers which are

capable of flat storage, and when opened,

slit, or folded, do not exceed 96 inches in

any dimension. In a case of this kind, the

container must be capable of being flattened

in such a way that the copyrightable matter

on the container is not damaged. See 37

C.F.R. 202.20(c)(ix)(B)(6).

 

806.06(b)(1) Type of material. Identifying material

consists of a two-dimensional reproduc-

tion or rendering of the work in some

form which is visually perceivable with-

out the aid of a machine or device. The

identifying material may consist of

photographic prints, transparencies,

photocopies, drawings, or a similar

rendering of the work.

 

806.06(b)(2) Number of pieces. One set, of as many

pieces as are necessary to show clearly

the entire copyrightable content of the

work for which registration is sought, is

required.

 

[1984]

 

 

800-27

 

806 Quantity and content of material deposited: special

situation. (cont'd)

 

806.06 Published commercial prints or labels. (cont'd)

 

806.06(b) Commercial prints or labels that are physically inseparable from a three-dimensional object. (cont’d)

 

806.06(b)(3) Content of pieces.

 

* Copyrightable content. The identi-

fying material must clearly show the

entire copyrightable content of the

work for which registration is sought.

 

* Copyright notice. In the case of

works published with notice of copy-

right, the notice and its position on

the work must be clearly shown on at

least one piece of identifying mate-

rial. Such piece shall show the exact

appearance and content of the notice,

and its specific position on the work.

Where necessary because of the size

or position of the notice, a separate

drawing or similar reproduction shall

be submitted.

 

* Title and dimension. At least one

piece of identifying material must

indicate, on its front, back, or

mount, the title of the work, and

an exact measurement of one or more

dimensions of the work.

 

* Image size. Generally, except in the

case of photographic transparencies,

the image of the work must be lifesize

or larger. However, if less than

lifesize, the image must be large

enough to show clearly the entire

copyrightable content of the work.

 

* Color. Generally, the identifying

material may be in black and white or

may consist of a reproduction of the

actual colors of the work. However,

 

[1984]

 

 

800-28

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.06 Published commercial prints or labels. (cont'd)

 

806.06(b) Commercial prints or labels that are physi-

cally inseparable from a three-dimensional

object. (cont'd)

 

806.06(b)(3) Content of pieces. (cont'd)

 

* Color. (cont'd)

if the work reproduced in or on the

three-dimensional object contains any

pictorial or graphic matter, the iden-

tifying material must reproduce the

actual colors employed in the work.

 

806.06(b)(4) Size of pieces.

 

* Uniform size. All pieces except sepa-

rate drawings or similar reproductions

of the copyright notice must be of

uniform size.

 

* Photographic transparencies. Photo-

graphic transparencies must be at

least 35mm in size. If the transpar-

encies are 3 by 3 inches or less, they

must be mounted in a way that makes

them easy to handle and preserve; and

the Copyright Office may require such

mounting in particular cases.

 

* All pieces except photographic trans-

parencies. The preferred size for all

pieces except photographic transparen-

cies is 8 by 10 inches, but in no case

may a piece be smaller than 3 by 3 or

larger than 9 by 12.

 

806.07 Published tests and answer material. In the case

of tests and answer material for tests which have

been published separately from other literary

works, one complete copy may be deposited in lieu

of two copies. See 37 C.F.R. 202.20(c)(2)(vi).

 

[1984]

 

800-29

 

806 Quantity of material deposited: special situations. (cont’d)

 

806.08 Secure tests. A special deposit procedure is

available for "secure tests." See 37 C.F.R.

202.20(c)(2)(vi).

 

806.08(a) Secure tests: when this modification applies.

This procedure app1ies to secure tests. A

secure test is defined as a nonmarketed test

administered under supervision at specified

centers on specified dates, all copies of

which are accounted for and either destroyed

or returned to restricted locked storage

following each administration. For this

purpose a test is considered as "not marketed"

if copies are not sold but it is distributed

and used in such a manner that ownership and

control of copies remain with the test spon-

sor or publisher. See 37 C.F.R. 202.20(b)(4).

 

806.08(b) Secure tests: what must be deposited. One

complete copy of the test must be depos1ted

with identifying material which constitutes a

sufficient archival record of the deposit.

The sufficiency of the identifying material

is determined by the Copyright Office Exam-

ining Division. The actual copy is returned

to the applicant after examination: the

identifying material is retained as the

archival record of the deposit.

 

806.08(c) Secure tests: special procedure. When a

secure test is to be registered under this

special procedure, the Head of the Literary

Section, Examining Division, must be notified

in advance by the applicant or authorized

representative. The Section Head will then

arrange for examination of the material in a

nonpublic place with the applicant or autho-

rized representative present. The receipt

date will be stamped on the appropriate

material by the examiner receiving the claim.

After examination, the actual copies of the

test will be returned to the applicant or

authorized representative. The application

and the identifying material will then pro-

ceed through the registration process in the

usual manner.

 

[1984]

 

 

800-30

 

806 Quantity and content of material deposited: special "

situations. (cont'd)

 

806.09 pictorial or graphic works reproduced in or on

sheetlike materials. In the case of any unpub-

lished work that is fixed, or any published work

that is published only in the form of a two-

dimensional reproduction on sheetlike materials

such as textile and other fabrics, the deposit

shall consist of one copy in the form of an

actual swatch or piece of such material suffi-

cient to show all elements of the work in which

copyright is claimed and the copyright notice, if

any, appearing on the work. If the work consists

of a repeated pictorial or graphic design, the

complete design and at least part of one repeti-

tion must be shown. Examples of such works

include lace, embroidery, wallpaper, wrapping

paper, carpeting, linoleum, and other floor

coverings. See 37 C.F.R. 202.20(c)(2)(viii).

 

806.10 pictorial or graphic works reproduced on sheet-

like materials published only in or on three-

dimensional objects. Where a work is reproduced

on sheetlike materials which have been published

only in or on three-dimensional articles, the

deposit must generally consist of identifying

materials which meet the following specifications.

 

806.10(a) Type of material. Identifying material con-

sists of a two-dimensional reproduction or

rendering of the work in some form which is

visually perceivable without the aid of a

machine or device. The identifying material

may consist of photographic prints, trans-

parencies, photocopies, drawings, or a

similar rendering of the work.

 

806.10(b) Number of pieces. One set, of as many pieces

as are necessary to show clearly the ent1re

copyrightable content of the work for which

registration is sought, is required.

 

806.10(c) Content of pieces.

 

* Copyrightable content. The identifying

material must clearly show the entire

copyrightable content of the work for

which registration is sought.

 

[1984]

 

 

800-31

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.10 pictorial or graphic works reproduced on sheet-

like materials published only in or on three-dimensional objects.  (cont'd)

 

806.10(c) content of pieces. (cont'd)

 

* Copyright notice. In the case of works

published with notice of copyright, the

notice and its position on the work must

be clearly shown on at least one piece of

identifying material. Such piece shall

show the exact appearance and content of

the notice, and its specific position on

the work. Where necessary because of the

size or position of the notice, a separate

drawing or similar reproduction shall be

submitted.

 

* Title and dimensions. At least one piece

of identifying material must indicate, on

its front, back, or mount, the title of

the work, and an exact measurement of one

or more dimensions of the work.

 

* Image size. Generally, except in the case

of photographic transparencies, the image

of the work must be lifesize or larger.

However, if less than lifesize, the image

must be large enough to show clearly the

entire copyrightable content of the work.

 

* Color. The identifying material must

reproduce the actual colors employed in

the work.

 

806.10(d) Size of pieces.

 

* Uniform size. All pieces except separate

drawings or similar reproductions of the

copyright notice must be of uniform size.

 

* Photographic transparencies. Photographic

transparencies must be at least 35mm in

size. If the transparencies are 3 by 3

inches or less, they must be mounted in a

 

[1984]

 

 

800-32

 

806 Quantity of material deposited: special situations. (cont’d)

 

806.10 pictorial or graphic works reproduced on sheet-

like materials published only-in or on three-

dimensional objects. (cont'd)

 

806.10(d) Size of pieces. (cont’d)

 

* Photographic transparencies. (cont’d)

 

way that makes them easy to handle and

preserve; and the Copyright Office may

require such mounting in particular cases.

 

* All pieces except photographic transpar-

encies. The preferred size for all pieces

except photographic transparencies is 8 by

10 inches, but in no case may a piece be

smaller than 3 by 3 inches or larger than

9 by 12 inches.

 

NOTE: In certain cases where the two-dimen-

sional pictorial and graphic material is

embodied in an article of wearing apparel or

the like, the Copyright Office will accept as

a deposit the actual garment, provided that

its seams have been split and the deposit

includes all the panels utilized in the con-

struction of the garment.

 

806.11 Separate registration for work embodied only in

a motion picture sound track. For separate regis-

tration of an unpublished work that is fixed, or

a published work that is published, only as

embodied in a sound track that is an integral part

of a motion picture, identifying material will

suffice in lieu of an actual copy or copies of

the motion picture. Such identifying material

shall consist of:

 

1) A transcription of the entire work, or a

reproduction of the entire work on a phono-

record;

 

2) Photographs or other reproductions from the

motion picture showing the title of the

 

[1984]

 

 

800-33

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.11 Separate registration for work. in

a motion picture sound track.

 

2) (cont’d)

 

motion picture, the sound track credits, and

the copyright notice, if any, for the

sound track.

 

See 37 C.F.R. 202.21(f).

 

806.12 Machine-readable works. Where an unpublished

literary work is fixed, or a published literary

work is published only in the form of machine-

readable copies (such as magnetic tapes or disks,

punch cards, or the like) from which the work

cannot ordinarily be perceived except with the

aid of a machine or device, special deposit

requirements apply. See 37 C.F.R. 202.20(c)

(2)(vii).

 

806.12(a) Machine-readable works: what must be deposited. The form of deposit varies depending

on the type of machine-readable work sub-

mitted for registration, but generally con-

sists of some type of "identifying portions"

of the work. Deposit of the entire work is

acceptable in limited instances. In all

cases, however, the deposit must be in a form

visually perceptible without the aid of a

machine or device. NOTE: Works published in

a form requiring the use of a machine or

device for purposes of optical enlargement

(such as film, filmstrips, slide films, and

works published in any variety of microform),

and works published in visually perceptible

form but used in connection with optical

scanning devices, are not within this cate-

gory. See 37 C.F.R. 202.20(c)(2)(vii)(A-B).

 

806.12(a)(1) Published and unpublished computer pro-

grams. For both published and unpub-

lished computer programs, either one

paper or one microform copy of the first

and last 25 pages, or equivalent units

 

[1984]

 

 

800-34

 

806 Quantity and content of material deposited: special.

situations. (cont'd)

 

806.12 Machine-readable works. (cont'd)

 

806.12(a) Machine-readable works: what must be depos-

ited. (cont'd)

 

806.12(a)(1) Published and unpublished computer pro-

grams. (cont'd)

 

of the program, must be deposited. In

cases where the work is under 50 pages or

equivalent units in total length, the

entire work should be deposited. If the

work is published with a copyright

notice, the applicant must also submit

the page or equivalent unit which con-

tains the copyright notice. The source

code rather than the object code is the

best representation of the authorship,

and therefore should generally be depos-

ited. See 37 C.F.R. 202.20(c)(2)(vii)(A).

 

806.12(a)(2) Published and unpublished automated data

bases. Generally, the depos1t for pub-

lished and unpublished automated data

bases is a paper or microform copy of the

first and last 25 pages of the work. The

deposit for automated data bases which

are made up of separate and distinct data

files, however, is either 50 complete

data records from each file, or the

entire file, whichever is less. "Data

file" and "file" mean a group of data

records pertaining to a common subject

matter, regardless of the physical size

of the records or the number of data

items included in them. In the case of

revised versions of such data bases, the

portions deposited must contain repre-

sentative data records which have been

added or modified. When 50 complete data

records from each separate file are sub-

mitted, however, a typed or printed

descriptive statement must be submitted

as well. That statement must include:

 

[1984]

 

 

 

800-35

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.12 Machine-readable works. (cont'd)

 

806.12(a) Machine-readable works: what must be depos-

ited.

 

806.12(a)(2) Published and unpublished automated data

bases. (cont'd)

 

1) The title of the data base:

 

2) The claimant's name and address:

 

3) The name and subject matter content

of each separate file within the data

base, origin of the data, and approx-

imate number of individual records in

the file: and

 

4) A description of the exact contents

of any machine-readable copyright

notice employed in or with the work

and the manner and frequency with

which it is displayed (e.g., at

user's terminal only at sign-on, or

continuously on terminal display, or

on printouts, etc.). If a visually

perceptible copyright notice is

placed on any copies of the work

(such as magnetic tape reels or their

container), a sample of such notice

must also accompany the statement.

 

See 37 C.F.R. 202.20(c)(2)(vii)(B).

 

806.13 Motion pictures. The following requirements

apply to unpublished and published motion pic-

tures.

 

806.13(a) Unpublished motion pictures. The applicant

may, for registration, deposit one complete

copy or identifying material. In either

case, a description is also required. See 37

C.F.R. 202.20(c)(2)(ii) and 202.21(g).

 

[1984]

 

 

800-36

 

806 Quantity and content of material deposited: special :;.

situations. (cont'd)

 

806.13 Motion pictures. (cont'd)

 

806.13(a) Unpublished motion pictures. (cont'd)

 

806.13(a)(I) Deposit of complete copy. If the appli-

cant chooses to deposit an actual copy of

the work, the copy must be complete. A

copy is complete if the reproduction of

the visual and sound elements is clean,

undamaged, undeteriorated, and free of

splices, and if the copy and physical

housing have no defects which would

interfere with performance of the motion

picture or cause mechanical, visual, or

audible defects or distortions. See 37

C.F.R. 202.20(b)(2)(vi). The copy must

be accompanied by a separate description

of its contents, which may be a conti-

nuity, a pressbook, or a synopsis. See

37 C.F.R. 202.20(c)(2)(ii). However,

when the Copyright Office is asked, it

will encourage the deposit of a shooting

.script as the description.

 

806.13(a)(2) Deposit of identifying material. If the

applicant chooses to deposit identifying

material instead of an actual copy, two

things must be deposited:

 

1) A description which may be a continuity,

a pressbook, or a synopsis but which

must include the title or continuing

title of the work and the episode

title, if any: the nature and general

content of the program: the date of

first fixation and whether it took

place simultaneously with first

transmission: the date of first

transmission, if any: running time:

and credits, if any, appearing on the

work: and

 

2) Either an audio cassette or other

phonorecord reproducing the entire

sound track or other sound portion of

 

[1984]

 

 

800-37

 

806 Quantity of content of material deposited: special situations. (cont’d)

 

806.13 Motion pictures. (cont'd)

 

806.13(a) Unpublished motion pictures. (cont'd)

 

806.13(a)(2) Deposit of identifying material. (cont'd)

 

2) (cont’d)

 

the motion picture, or a set con-

sisting of one frame-enlargement or

similar visual reproduction from each

10-minute segment of the motion pic-

ture. Frames clipped from the film

are not acceptable.

 

806.13(b) Published motion pictures. The deposit

requirements for published motion pictures

consist of one complete copy of the best

edition of the motion picture and a

description.

 

806.13(b)(1) Deposit of the best edition. The best

edition of a motion picture is determined

by referring to the criteria listed in

the Best Edition Statement. See Appendix

to this chapter.

 

806.13(b)(2) Deposit of a complete copy. The copy

must be complete, meaning that the repro-

duction of the visual and sound elements

comprising the copyrightable subject

matter in the work must be clean, un-

damaged, undeteriorated, and free of

splices, and that the copy itself and its

physical housing must be free of any

defects which would interfere with per-

formance of the motion picture, or cause

mechanical, visual, or audible defects or

distortions. See 37 C.F.R. 202.20(b)

(2)(vi).

 

806.13(b)(3) Deposit f description. The copy must be

accompanied by a separate description of

its contents which may be a continuity, a

pressbook, or a synopsis. See 37 C.F.R.

202.20(c)(2)(ii). However, when the

 

[1984]

 

 

800-38

 

806 Quantity and content of material deposited: special

situations. (cont'd)

 

806.13 Motion pictures. (cont'd)

 

806.13(b) Published motion pictures. (cont'd)

 

806.13(b)(3) Deposit of description. (cont'd)

 

Copyright Office is asked, it will

encourage the deposit of a shooting

script as the description.

 

806.13(b)(4) Separately registrable works of authorship fixed in film, videotape, or the

like. A film, videotape, or the like can

constitute the form of embodiment in

which a copyrightable work other than a

motion picture is fixed. Generally, in

such cases the deposit requirements for

the particular work of authorship being

registered govern the form of the deposit,

rather than the deposit requirements for

motion pictures. Examples include the

following:

 

1) Pantomime fixed in a one-half-inch

videocassette.

 

2) Choreography fixed in a hologram.

 

3) Resume spoken and fixed in a three-

quarter-inch videocassette.

 

4) Graphic illustrations fixed in Super

8 film.

 

NOTE: For deposit requirements in the

case of an unpublished work that is fixed

or a published work that is published

only as embodied in a sound track that is

an integral part of a motion picture, see

section 806.11 above.

 

[1984]

 

 

800-39

 

807 Motion picture Agreement. The Library of Congress

may, at its sole discretion, enter into an agreement

permitting the return of copies of published motion

pictures to the depositor under certain conditions

and establishing certain rights and obligations with

respect to such copies on the part of both the

depositor and the Library of Congress. The Deposits

and Acquisitions Section of the Acquisitions and

Processing Division of the Copyright Office

administers the Motion picture Agreement. See 37

C.F.R. 202.20(c)(2)(ii)

 

The Motion picture Agreement provides that after

copyright registration has been completed the deposit

copy will be returned to the depositor at the de-

positor's expense. However, a copy for addition to

the Library's permanent collections is subject to

recall by the Library of Congress at any time within

a period of two years. In signing the Motion picture

Agreement, the depositor agrees, if the film is re-

called, to provide the Library with a copy which

meets the archival quality standards set forth in the

Agreement.

 

807.01 Who may enter into the Agreement. The Agreement

is available upon request to owners of copyright

in published motion pictures or owners of the

exclusive right of publication (including the

exclusive right of distribution in the United

States) who are depositing a copy of the motion

picture in the Copyright Office and to foreign

depositors whose works, although initially pub-

lished outside the united States, have been pub-

lished in the United States before the date of

deposit. NOTE: Foreign depositors whose motion

pictures are published only outside the United

States before the date of deposit may enter into

the Motion picture Agreement by executing the

basic Agreement, together with a Standard Modi-

fication of the Agreement, provided that the

depositor has an established business office in

the United States, or has designated a United

States agent with express authority to receive

service in the event the Agreement is breached.

 

807.02 Who may sign the Agreement. An individual

depositor or a legal representative may sign the

Agreement. A business entity depositor may sign

 

[1984]

 

 

800-40 I

 

807 Motion Picture Agreement. (cont'd)

 

807.02 Who may sign the Agreement. (cont'd)

 

the Agreement through a legal representative

empowered to bind the business entity, as for

example, the officer of a corporation, an

attorney-in-fact for the depositor, or another

agent of a depositor satisfactory to the Library

of Congress. In certain cases, the Standard

Modification must be completed: see NOTE in

section 807.01 above. Also, in certain cases,

a bond signed by the attorney-in-fact for the

depositor, which subjects such attorney-in-fact

to certain liability under the Agreement, is

required in addition to the Agreement.

 

807.03 Return of deposit copy under the Agreement. The

Copyright Office will return the motion picture

to the depositor under the Agreement if it

receives a specific written request for return of

that particular motion picture. In general, the

following conditions apply for the return of

motion pictures:

 

1) If a motion picture is to be returned by a ..

private carrier designated by the depositor,

shipment instructions must be included with

the request for return. The instructions

must name the carrier to be contacted, give

an account number (if available), indicate

that the motion picture is to be returned at

the depositor's expense, include a declara-

tion of value, and state the amount of

insurance required.

 

2) If the depositor so requests, the motion pic-

ture will be shipped collect by means of a

private carrier chosen by the Library of

Congress, with insurance coverage at the

depositor's expense, to the amount of the

declared value: if no value has been de-

clared, the amount of this insurance will be

based on the estimated replacement cost for a

copy of identical physical characteristics

produced by a commercial laboratory.

 

[1984]

 

 

800-41

 

807 Motion picture Agreement. (cont'd)

 

807.03 Return of deposit copy under the Agreement. (cont' d )

 

3) Unless the Copyright Office is otherwise

directed in writing at the time of deposit,

motion pictures will be returned to the

depositor by Special Fourth Class Mail. In

these cases, the Library of Congress does

not assume any responsibility for providing

insurance. Because of the high risk of loss

with respect to certain films, the Copyright

Office will ordinarily attempt to contact

depositors of 35mm feature films, oversize

deposits, and copies of special value for

instructions for return by private carrier

at the depositor's expense.

 

807.04 Recall of the deposit coy under the Agreement.

At any time within a period of two years, the

Library of Congress may make a written request

that a copy of archival quality be submitted for

its permanent collections under the terms of the

Motion picture Agreement. Upon receipt of that

request one complete copy of the film, meeting

the standards set forth in Appendix A of the

Agreement, must be sent to:

 

Motion picture Section

Motion picture Broadcasting and

Recorded Sound Division

The Library of Congress

Washington, D. C. 20540

 

807.05 Quality of copy deposited under the Agreement.

If a depositor has signed the Motion picture

Agreement and deposits a copy, but does not

request the return of the copy, it is considered

a "non-agreement" film and is treated as though

there is no Agreement on file. The standards

that govern the quality of such a copy are those

explained in section 806.13 above, and the

special "archival quality" standards which are

set forth in the language of the Agreement, and

Appendix A thereto, do not apply. However, any

copy recalled by the Library of Congress under

the Agreement must meet all the technical guide-

lines set forth in Appendix A to the Agreement.

 

[1984]

 

 

800-42

 

807 Motion picture Agreement. (cont'd)

 

807.06 Supplemental Property Agreement.  Where a

depositor who has entered into a Motion picture

Agreement has deposited for registration a copy

of a motion picture which does not represent the

form of copy which the Library of Congress wishes

to retain for its collections, such copy may be

accepted for registration if the depositor speci-

fically agrees in accordance with a Supplementary

Property Agreement that a copy of archival

quality will be delivered on demand under the

Motion picture Agreement.

 

807.07 Termination of the Motion picture Agreement.

The Library of Congress may terminate the Motion

picture Agreement for any good cause, including

single or repeated instances of breach of the

Agreement. If an Agreement is terminated by the

Library, the termination applies only to motion

pictures deposited after the termination, and

does not affect the rights or obligations of

either party with respect to any copies already

deposited or returned under the Agreement. If

the Agreement is terminated by the Library, it is

.not subject to reinstatement unless the Library

believes that reinstatement, or entering into a

new Agreement, would be in its best interests.

See 37 C.F.R. 202.20(c)(2)(ii).

 

808 Special relief from the deposit requirements for

registration. Special relief is a procedure which

allows the Register of Copyrights to grant the

requestor the option of depositing less than or other

than that which is required under the general deposit

provisions. See 37 C.F.R. 202.20(d); see also 17

U.S.C. 407(c) and 408(c).

 

808.01 Special relief: in general. Special relief was

devised because it is impossible to establish

exemptions or alternatives to cover all cases

where the general deposit provisions of the

statute might cause unnecessary hardship.

Special relief is intended to respond to the

legislative directive that deposit provisions be

kept flexible "so that there will be no obliga-

tion to make deposit where it serves no purpose,

so that only one copy or phonorecord may be

 

[1984]

 

 

800-43 I

 

808 Special relief from the deposit requirements for

registration. (cont'd)

 

808.01 Special relief: in general. (cont'd)

 

deposited where two are not needed, and so that

reasonable adjustments can be made to meet

practical needs in special cases." See H.R.

Rep. No.94-1476, 94th Cong., 2d Sess. at 151

(1976), and S. Rep. No.94-473, 94th Cong., 1st

Sess. at 134 (1975).

 

808.02 Special relief: criteria. The decision whether

to grant special relief is based on the acquisi-

tion policies of the Library of Congress in force

at the time the request is made and the examining

and archival requirements of the Copyright Office.

808.03 Special relief: procedures. The procedures for

special relief are the following.

 

808.03(a) Required elements of request. Requests for

special relief must be made in writing to the

Chief, Examining Division, Copyright Office.

The request must be signed by or on behalf of

the person signing the application for regis-

tration. The request must set forth the

specific reasons that it should be granted.

Examples include unavailability of the re-

quired deposit, financial burden, confiden-

tiality, rarity, fragility, and weight. The

request should also state the form of relief

desired, .., permission to deposit one copy

or phonorecord rather than two, permission to

deposit alternative identifying material

rather than one or two copies or phono-

records, permission to deposit incomplete

copies or phonorecords rather than those

normally constituting the best edition, or

(for works first published before 1978)

permission to deposit a later printing or

edition rather than the work as first pub-

lished.

 

808.03(b) Responsibility for decision. The decision to

grant or deny special relief is made by the

Chief of the Examining Division after con-

sultation with the Chief of the Acquisitions

and processing Division of the Copyright

Office.

 

[1984]

 

 

800-44

 

808 Special relief from the deposit requirements for

registration. (cont'd)

 

808.03 Special relief: procedures. (cont'd)

 

808.03(c) Special relief granted. When special relief

is granted, the application will be anno-

tated as follows: "Special relief granted

under 37 C.F.R. 202.20(d)." This annotation

is keyed with an asterisk to the "DEPOSIT

RECEIVED" space on the application for regis-

tration.

 

NOTE: Where the work was first published

before 1978, the annotation should also re-

flect the nature of the material deposited

and refer to the remitter's letter: for

example:

 

1) "Photocopies accepted under a grant of

special relief in accordance with 37

C.F.R. 202.20(d). See correspondence

file."

 

2) "Second printing accepted under a grant

of special relief in accordance with 37

C.F.R. 202.20)(d). Re: notice of

copyright on copies as first published,

see applicant's letter of ________."

 

808.03(d) Special relief denied. Where the special

relief is denied, the applicant will be

notified in writing, and the letter to the

applicant will set forth the reasons for the

denial.

 

808.04 Special relief: continuous or ongoing grants.

In some cases a grant of continuous or ongoing

special relief is possible. The procedures and

criteria for such relief are the same as for

one-time special relief. In such cases, however,

the applicant is asked to include with each sub-

mission a covering letter or memorandum referring

to such grant and the date thereof. Any con-

tinuous grant may be terminated by the Chief of

the Examining Division after consultation with

the Chief of the Acquisitions and Processing

Division of the Copyright Office. Notice of

 

[1984]

 

 

800-45

 

808 Special relief from the deposit requirements for

registration.

 

808.04 Special relief: continuous or ongoing grants.

(cont'd)

 

termination will be in writing and will set forth

the specific date of termination which must be at

least 30 days later than the date the notice is

mailed. This notice is sent to the individual or

organization to whom the grant of special relief

had been given at the last address shown in the

records of the Copyright Office.

 

809 Relationship of deposit for registration to mandatory

deposit under 17 U.S.C. 407. The deposit for a pub-

lished work that is acceptable under section 408 of

the current Act, which deals with copyright regis-

tration, also satisfies the deposit requirements of

section 407 of that Act, which deals with deposit for

the use or disposition of the Library of Congress.

810 Appendix. The text of the "'Best Edition' of pub-

lished Copyrighted Works for the Collections of the

Library of Congress," mentioned in this chapter,

appears as an APPENDIX which follows this page.

 

[1984]

 

 

800-46 I

 

APPENDIX

 

"Best Edition" of Published Copyrighted Works

for the Collections of the Library of Congress*

 

The Copyright Law (Title 17, United States Code) re-

quires that copies or phonorecords deposited in the

Copyright Office be of the "best edition" of the work. The

law states that "The 'best edition' of a work is the edition,

published in the United States at any time before the date

of deposit, that the Library of Congress determines to be

most suitable for its purposes."

 

When two or more editions of the same version of a

work have been published, the one of the highest quality

is generally considered to be the best edition. In judging

quality, the Library of Congress will adhere to the criteria

set forth below in all but exceptional circumstances.

 

Where differences between editions represent varia-

tions in copyrightable content, each edition is a separate

version and .'best edition" standards based on such dif-

ferences do not apply. Each such version is a separate

work for the purposes of the Copyright Law.

 

Appearing below are lists of criteria to be applied in

determining the best edition of each of several types of

material. The criteria are listed in descending order of

importance. In deciding between two editions, a

criterion-by-criterion comparison should be made. The

edition which first fails to satisfy a criterion is to be considered of inferior quality and will not be an acceptable

deposit. For example, if a comparison is made between

two hardbound editions of a book, one a trade edition

printed on acid-free paper and the other a specially

bound edition printed on average paper, the former will

be the best edition because the type of paper is a more

important criterion than the binding.

 

Under regulations of the Copyright Office, potential de-

positors may request authorization to deposit copies or

phonorecords of other than the best edition of a specific

work (e.g., a microform rather than a printed edition of a

serial).

 

* This excerpt is taken from Volume 43, No.2 of the Federal

Register for Wednesday, January 4, 1978 (p. 766).

 

[1984]

 

 

800-47

 

I. PRINTED TEXTUAL MATTER

 

1. Paper, Binding, and Packaging:
2.  

1 .Archival-quality rather than less-permanent paper.

2. Hard cover rather than soft cover.

3. Library binding rather than commercial binding.

4. Trade edition rather than book club edition.

5. Sewn rather than glue-only binding.

6. Sewn or glued rather than stapled or spiral-bound.

7. Stapled rather than spiral-bound or plastic-bound.

8. Bound rather than looseleaf, except when future

looseleaf insertions are to be issued.

9. Slipcased rather than nonslipcased.

10. With protective folders rather than without (for

broadsides).

11. Rolled rather than folded (for broadsides).

12. With protective coatings rather than without (except

broadsides, which should not be coated).

 

B. Rarity:

1 .Special limited edition having the greatest number of

special features.

2. Other limited edition rather than trade edition.

3. Special binding rather than trade binding.

 

C. Illustrations:

1. Illustrated rather than unillustrated.

2. Illustrations in color rather than black and white.

 

D. Special Features:

1 .With thumb notches or index tabs rather than with-

out.

2. With aids to use such as overlays and magnifiers

rather than without.

 

E. Size:

1. Larger rather than smaller sizes. (Except that

large-type editions for the partially-sighted are not

required in place of editions employing type of more

conventional size.)

 

II. PHOTOGRAPHS

 

A. Size and finish, in descending order of preference:

1. The most widely distributed edition.

2.8 x 10-inch glossy print.

3. Other size or finish.

 

B. Unmounted rather than mounted.

 

C. Archival-quality rather than less-permanent paper

stock or printing process.

 

[1984]

 

 

800-48

 

III. MOTION PICTURES

 

A. Film rather than another medium. Film editions are

listed below in descending order of preference.

1. Preprint material, by special arrangement.

2. Film gauge in which most widely distributed.

3.35 mm rather than 16 mm.

4.16 mm rather than 8 mm.

5. Special formats (e.g., 65 mm) only in exceptional

cases.

6. Open reel rather than cartridge or cassette.

 

B. Videotape rather than videodisc. Videotape editions

are listed below in descending order of preference.

1. Tape gauge in which most widely distributed.

2. Two-inch tape.

3. One-inch tape.

4. Three-quarter-inch tape cassette.

5. One-half-inch tape cassette.

 

IV .OTHER GRAPHIC MATTER

 

A. Paper and Printing:

1 .Archival quality rather than less-permanent paper .

2. Color rather than black and white.

 

B. Size and Content:

1. Larger rather than smaller size.

2. In the case of cartographic works, editions with the

greatest amount of information rather than those

with less detail.

 

C. Rarity:

1 .The most widely distributed edition rather than one

of limited distribution.

2. In the case of a work published only in a limited,

numbered edition, one copy outside the numbered

series but otherwise identical.

3. A photographic reproduction of the original, by spe-

cial arrangement only.

 

D. Text and Other Materials:

1 .Works with annotations, accompanying tabular or

textual matter, or other interpretative aids rather than

those without them.

 

E. Binding and Packaging:

1 .Bound rather than unbound.

2. If editions have different binding, apply the criteria in

I.A.2-I.A.7, above.

4. Rolled rather than folded.

5. With protective coatings rather than without.

 

[1984]

 

 

800-49

 

V.PHONORECORDS

 

A. Disc rather than tape.

B. With special enclosures rather than without.

C. Open-reel rather than cartridge.

D. Cartridge rather than cassette.

E. Quadraphonic rather than stereophonic.

F. True stereophonic rather than monaural.

G. Monaural rather than electronically rechanneled

Stereo.

 

VI. MUSICAL COMPOSITIONS

 

A. Fullness of Score:

1. Vocal music:

a. With orchestral accompaniment-

i. Full score and parts, if any, rather than conductor's

score and parts, if any. (In cases of compositions

published only by rental, lease, or lending, this re-

quirement is reduced to full score only.)

ii. Conductor's score and parts, if any, rather than con-

densed score and parts, if any. (In cases of compo-

sitions published only by rental, lease, or lending,

this requirement is reduced to conductor's score

only.)

b. Unaccompanied: Open score (each part on separate

staff) rather than closed score (all parts condensed

to two staves).

2. Instrumental music:

a. Full score and parts, if any, rather than conductor's

score and parts, if any. (In cases of compositions

published only by rental, lease, or lending, this re-

quirement is reduced to full score only.)

b. Conductor's score and parts, if any, rather than con-

densed score and parts, if any. (In cases of compo-

sitions published only by rental, lease, or lending, this

requirement is reduced to conductor's score only.)

 

B. Printing and Paper:

1. Archival-quality rather than less-permanent paper.

 

C. Binding and Packaging:

1. Special limited editions rather than trade editions.

2. Bound rather than unbound.

3. If editions have different binding, apply the criteria in

I.A.2-I.A.12, above.

4. With protective folders rather than without.

 

[1984]

 

 

800-50

 

VII. MICROFORMS

 

A. Related Materials:

1 .With indexes, study guides, or other printed matter

rather than without.

B. Permanence and Appearance:

1. Silver halide rather than any other emulsion.

2. Positive rather than negative.

3. Color rather than black and white.

C. Format (newspapers and newspaper-formatted

serials):

1. Reel microfilm rather than any other microform.

D. Format (all other materials):

1. Microfiche rather than reel microfilm.

2. Reel microfilm rather than microform cassettes.

3. Microfilm cassettes rather than micro-opaque prints.

E. Size:

1. 35 mm rather than 16 mm.

 

VIII. WORKS EXISTING IN MORE THAN ONE MEDIUM

Editions are listed below in descending order of prefer-

ence.

 

A. Newspapers, dissertations and theses, newspaper-

formatted serials:

1. Microform.

2. Printed matter.

 

B. All other materials:

1. Printed matter .'

2. Microform.

3. Phonorecord.

 

(Effective: January 1, 1978.)

 

[END OF CHAPTER 800]

 

[1984]

 

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