37 CFR Part 202 — Preregistration and Registration of Claims to Copyright

PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT Authority: 17 U.S.C. 408(f), 702 Editorial Note: Nomenclature changes to part 202 appear at 76 FR 27898, May 13, 2011. § 202.1 Material not subject to copyright. The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: (a) Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents; (b) Ideas, plans, methods, systems, or devices, as distinguished from the particular manner in which they are expressed or described in a writing; (c) Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information; (d) Works consisting entirely of information that is common property containing no original authorship, such as, for example: Standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources. (e) Typeface as typeface. [24 FR 4956, June 18, 1959, as amended at 38 FR 3045, Feb. 1, 1973; 57 FR 6202, Feb. 21, 1992] § 202.2 Copyright notice. (a) General. ad interim i.e. (2) If before January 1, 1978, publication occurred by distribution of copies or in some other manner, without the statutory notice or with an inadequate notice, as determined by the copyright statute as it existed on the date of first publication, the right to secure copyright was lost. In such cases, copyright cannot be secured by adding the notice to copies distributed at a later date. (3) Works first published abroad before January 1, 1978, other than works for which ad interim (b) Defects in notice. (1) The notice lacks one or more of the necessary elements ( i.e. (2) The elements of the notice are so dispersed that a necessary element is not identified as a part of the notice; in the case of a sound recording, however, if the producer is named on the label or container, and if no other name appears in conjunction with the notice, the producer's name will be considered a part of the notice; (3) The notice is not in one of the positions prescribed by law; (4) The notice is in a foreign language; (5) The name in the notice is that of someone who had no authority to secure copyright in that person's name; (6)(i) The year date in the copyright notice is later than the date of the year in which copyright was actually secured, including the following cases: (A) Where the year date in the notice is later than the date of actual publication; (B) Where copyright was first secured by registration of a work in unpublished form, and copies of the same work as later published without change in substance bear a copyright notice containing a year date later than the year of unpublished registration; or (C) Where a book or periodical published abroad, for which ad interim (ii) Provided, however, that in each of the three types of cases described in paragraphs (b)(6)(i)(A) through (C) of this section, if the copyright was actually secured not more than one year earlier than the year date in the notice, registration may be considered as a doubtful case; (7) A notice is permanently covered so that it cannot be seen without tearing the work apart; (8) A notice is illegible or so small that it cannot be read without the aid of a magnifying glass: Provided, however, (9) A notice is on a detachable tag and will eventually be detached and discarded when the work is put in use; (10) A notice is on the wrapper or container which is not a part of the work and which will eventually be removed and discarded when the work is put to use; the notice may be on a container which is designed and can be expected to remain with the work; and (11) The notice is restricted or limited exclusively to an uncopyrightable element, either by virtue of its position on the work, by the use of asterisks, or by other means. (c) Methods of affixation and positions of the copyright notice on various types of works General. (ii) The provisions of this paragraph are applicable to copies publicly distributed on or after December 1, 1981. This paragraph does not establish any rules concerning the form of the notice or the legal sufficiency of particular notices, except with respect to methods of affixation and positions of notice. The adequacy or legal sufficiency of a copyright notice is determined by the law in effect at the time of first publication of the work. (2) Definitions. (i) In the case of a work consisting preponderantly of leaves on which the work is printed or otherwise reproduced on both sides, a “page” is one side of a leaf; where the preponderance of the leaves are printed on one side only, the terms “page” and “leaf” mean the same. (ii) A work is published in book form (iii) A title page (iv) The meaning of the terms front, back, first, last, following, (v) In the case of a work published in book form with a hard or soft cover, the front page back page (vi) A masthead (vii) A single-leaf work (viii) A machine-readable copy (3) Manner of affixation and position generally. (ii) Where, in a particular case, a notice does not appear in one of the precise locations prescribed in this paragraph but a person looking in one of those locations would be reasonably certain to find a notice in another somewhat different location, that notice will be acceptable under this paragraph. (4) Works published in book form. (i) The title page, if any; (ii) The page immediately following the title page, if any; (iii) Either side of the front cover, if any; or, if there is no front cover, either side of the front leaf of the copies; (iv) Either side of the back cover, if any; or, if there is no back cover, either side of the back leaf of the copies; (v) The first page of the main body of the work; (vi) The last page of the main body of the work; (vii) Any page between the front page and the first page of the main body of the work, if: (A) There are no more than ten pages between the front page and the first page of the main body of the work; and (B) The notice is reproduced prominently and is set apart from other matter on the page where it appears; (viii) Any page between the last page of the main body of the work and back page, if: (A) There are no more than ten pages between the last page of the main body of the work and the back page; and (B) The notice is reproduced prominently and is set apart from the other matter on the page where it appears. (ix) In the case of a work published as an issue of a periodical or serial, in addition to any of the locations listed in paragraphs (c)(4)(i) through (viii) of this section, a notice is acceptable if it is located: (A) As a part of, or adjacent to, the masthead; (B) On the page containing the masthead if the notice is reproduced prominently and is set apart from the other matter appearing on the page; or (C) Adjacent to a prominent heading, appearing at or near the front of the issue, containing the title of the periodical or serial and any combination of the volume and issue number and date of the issue. (x) In the case of a musical work, in addition to any of the locations listed in paragraphs (c)(4)(i) through (ix) of this section, a notice is acceptable if it is located on the first page of music. (5) Single-leaf works. (6) Contributions to collective works. (i) Where the separate contribution is reproduced on a single page, a notice is acceptable if it appears: (A) Under the title of the contribution on that page; (B) Adjacent to the contribution; or (C) On the same page if, through format, wording, or both, the application of the notice to the particular contribution is made clear; (ii) Where the separate contribution is reproduced on more than one page of the collective work, a notice is acceptable if it appears: (A) Under a title appearing at or near the beginning of the contribution; (B) On the first page of the main body of the contribution; (C) Immediately following the end of the contribution; or (D) On any of the pages where the contribution appears, if: ( 1 ( 2 ( 3 (iii) Where the separate contribution is a musical work, in addition to any of the locations listed in paragraphs (c)(6)(i) and (ii) of this section, a notice is acceptable if it is located on the first page of music of the contribution; (iv) As an alternative to placing the notice on one of the pages where a separate contribution itself appears, the contribution is considered to “bear its own notice” if the notice appears clearly in juxtaposition with a separate listing of the contribution by title, or if the contribution is untitled, by a description reasonably identifying the contribution: (A) On the page bearing the copyright notice for the collective work as a whole, if any; or (B) In a clearly identified and readily-accessible table of contents or listing of acknowledgements appearing near the front or back of the collective work as a whole. (7) Works reproduced in machine-readable copies. (i) A notice embodied in the copies in machine-readable form in such a manner that on visually perceptible printouts it appears either with or near the title, or at the end of the work; (ii) A notice that is displayed at the user's terminal at sign on; (iii) A notice that is continuously on terminal display; or (iv) A legible notice reproduced durably, so as to withstand normal use, on a gummed or other label securely affixed to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent receptacle for the copies. (8) Motion pictures and other audiovisual works. (A) With or near the title; (B) With the cast, credits, and similar information; (C) At or immediately following the beginning of the work; or (D) At or immediately preceding the end of the work. (ii) In the case of an untitled motion picture or other audiovisual work whose duration is sixty seconds or less, in addition to any of the locations listed in paragraph (c)(8)(i) of this section, a notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear to the projectionist or broadcaster when preparing the work for performance, is acceptable if it is located on the leader of the film or tape immediately preceding the beginning of the work. (iii) In the case of a motion picture or other audiovisual work that is distributed to the public for private use, the notice may be affixed, in addition to the locations specified in paragraph (c)(8)(i) of this section, on the housing or container, if it is a permanent receptacle for the work. (9) Pictorial, graphic, and sculptural works. (i) Where a work is reproduced in two-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, of the front or back of the copies, or to any backing, mounting, matting, framing, or other material to which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable. (ii) Where a work is reproduced in three-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, to any visible portion of the work, or to any base, mounting, framing, or other material on which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable. (iii) Where, because of the size or physical characteristics of the material in which the work is reproduced in copies, it is impossible or extremely impracticable to affix a notice to the copies directly or by means of a durable label, a notice is acceptable if it appears on a tag that is of durable material, so as to withstand normal use, and that is attached to the copy with sufficient durability that it will remain with the copy while it is passing through its normal channels of commerce. (iv) Where a work is reproduced in copies consisting of sheet-like or strip material bearing multiple or continuous reproductions of the work, the notice may be applied: (A) To the reproduction itself; (B) To the margin, selvage, or reverse side of the material at frequent and regular intervals; or (C) If the material contains neither a selvage nor a reverse side, to tags or labels, attached to the copies and to any spools, reels, or containers housing them in such a way that a notice is visible while the copies are passing through their normal channels of commerce. (v) If the work is permanently housed in a container, such as a game or puzzle box, a notice reproduced on the permanent container is acceptable. [24 FR 4956, June 18, 1959; 24 FR 6163, July 31, 1959, as amended at 37 FR 3055, Feb. 11, 1972; 46 FR 33249, June 29, 1981; 46 FR 34329, July 1, 1981; 60 FR 34168, June 30, 1995; 66 FR 34373, June 28, 2001; 66 FR 40322, Aug. 2, 2001; 77 FR 18707, Mar. 28, 2012; 77 FR 20988, Apr. 9, 2012; 82 FR 9359, Feb. 6, 2017; 82 FR 42736, Sept. 12, 2017] § 202.3 Registration of copyright. (a) General. (2) For the purposes of this section, the terms audiovisual work compilation copy derivative work device fixation literary work motion picture phonorecord pictorial, graphic and sculptural works process sound recording author (3) For the purposes of this section, a copyright claimant (i) The author of a work; (ii) A person or organization that has obtained ownership of all rights under the copyright initially belonging to the author. 1 1 (b) Administrative classification and application forms Classes of works. (i) Class TX: Nondramatic literary works. (ii) Class PA: Works of the performing arts. (iii) Class VA: Works of the visual arts. (iv) Class SR: Sound recordings. (A) Registration is sought on the same application for both a recorded literary, dramatic, or musical work and a sound recording; (B) The recorded literary, dramatic, or musical work and the sound recording are embodied in the same phonorecord; and (C) The same claimant is seeking registration of both the recorded literary, dramatic, or musical work and the sound recording. (v) Class SE: Serials. (2) Submission of application for registration. (i) Online applications. (A) The Standard Application may be used to register a work under sections 408(a) and 409 of title 17, including a work by one author, a joint work, a work made for hire, a derivative work, a collective work, or a compilation. The Standard Application may also be used to register a unit of publication under paragraph (b)(4) of this section, or a sound recording and a literary, dramatic, or musical work under paragraphs (b)(1)(iv)(A) through (C) of this section. (B)( 1 ( 2 1 ( 3 not (C) Deposit materials in support of an online application may be submitted electronically in a digital format (if eligible) along with the application and filing fee, or an applicant may send physical copies or phonorecords as necessary to satisfy the best edition requirements, by mail to the Copyright Office, using the required shipping slip generated during the online registration process. (ii) Paper applications. (B) Copies of the printed forms are available on the Copyright Office's website ( www.copyright.gov i.e., (C) A continuation sheet (Form CON) is appropriate only in the case when a printed form application is used and where additional space is needed by the applicant to provide all relevant information concerning a claim to copyright. An application may include more than one continuation sheet. (iii) Application class. (3) [Reserved] (4) Registration as one work. (5) Group registration of related works: Automated databases. (A) All of the updates or other revisions are owned by the same copyright claimant; (B) All of the updates or other revisions have the same general title; (C) All of the updates or other revisions are similar in their general content, including their subject; (D) All of the updates or other revisions are similar in their organization; (E) Each of the updates or other revisions as a whole, if published before March 1, 1989, bears a statutory copyright notice as first published and the name of the owner of copyright in each work (or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner) was the same in each notice; (F) Each of the updates or other revisions if published was first published, or if unpublished was first created, within a three-month period in the same calendar year; and (G) The deposit accompanying the application complies with § 202.20(c)(2)(vii)(D). (ii) A group registration may be made on one application for both a database published on one date, or if unpublished, created on one date, and also for its copyrightable revisions, including updates covering a three-month period in the same calendar year. An application for group registration of automated databases under section 408(c)(1) of title 17 and this subsection shall consist of: (A) A form that best reflects the subject matter of the material in the database as set forth in paragraph (b)(2)(ii)(A) of this section, completed in accordance with the instructions provided by the Copyright Office on its website or in materials published by the Office. Applications for group registration of an automated database consisting predominantly of photographs may be submitted electronically only after consultation and with the permission and under the direction of the Visual Arts Division. (B) The appropriate filing fee, as required in § 201.3(c); and (C) The deposit required by § 202.20(c)(2)(vii)(D). (6)-(10) [Reserved] (11) One registration per work. (i) Where a work has been registered as unpublished, another registration may be made for the first published edition of the work, even if it does not represent a new version; (ii) Where someone other than the author is identified as copyright claimant in a registration, another registration for the same version may be made by the author in his or her own name as copyright claimant; 2 2 author (iii) Where an applicant for registration alleges that an earlier registration for the same version is unauthorized and legally invalid, a registration may be made by that applicant. (c) Application for registration. (2) All applications shall include the information required by the particular form, and shall be accompanied by the appropriate filing fee, as required in § 201.3(c) of this chapter, and the deposit required under 17 U.S.C. 408 and § 202.20, § 202.21, or § 202.4, as appropriate. (3) All applications submitted for registration shall include a certification. (i) As a general rule, the application may be certified by an author, claimant, an owner of exclusive rights, or a duly authorized agent of the author, claimant, or owner of exclusive rights. A Single Application, however, may be certified only by the author/claimant or by a duly authorized agent of the author/claimant. (ii) For online applications, the certification shall include the typed name of a party identified in paragraph (c)(3)(i) of this section. For paper applications, the certification shall include the typed, printed, or handwritten signature of a party identified in paragraph (c)(3)(i) of this section, and if the signature is handwritten it shall be accompanied by the typed or printed name of that party. (iii) The declaration shall state that the information provided within the application is correct to the best of the certifying party's knowledge. (iv) For online applications, the date of the certification shall be automatically assigned by the electronic registration system on the date the application is received by the Copyright Office. For paper applications, the certification shall include the month, day, and year that the certification was signed by the certifying party. (v) An application for registration of a published work will not be accepted if the date of certification is earlier than the date of publication given in the application. (4) In the case of applications for registration made under paragraphs (b)(4) through (5) of this section or under § 202.4, the “year of creation,” “year of completion,” or “year in which creation of this work was completed” means the latest year in which the creation of any copyrightable element was completed. [43 FR 966, Jan. 5, 1978] Editorial Note: For Federal Register www.govinfo.gov. § 202.4 Group registration. (a) General. (b) Definitions. (2) For purposes of this section, the term Library (3) For purposes of this section, a periodical (c) Group registration of unpublished works. (1) All the works in the group must be unpublished, and they must be registered in the same administrative class. (2) Generally, the applicant may include up to ten works in the group. If the conditions set forth in § 202.3(b)(1)(iv)(A) through (C) have been met, the applicant may include up to ten sound recordings and ten musical works, literary works, or dramatic works in the group. (3) The group may include individual works, joint works, or derivative works, but may not include compilations, collective works, databases, or websites. (4) The applicant must provide a title for each work in the group. (5) All the works must be created by the same author or the same joint authors, and the author and claimant information for each work must be the same. (6) The works may be registered as anonymous works, pseudonymous works, or works made for hire if they are identified in the application as such. (7) The applicant must identify the authorship that each author or joint author contributed to the works, and the authorship statement for each author or joint author must be the same. Claims in the selection, coordination, or arrangement of the group as a whole will not be permitted on the application. (8) The applicant must complete and submit the online application designated for a group of unpublished works. The application may be submitted by any of the parties listed in § 202.3(c)(1). (9) The applicant must submit one complete copy or phonorecord of each work. Each work must be contained in a separate electronic file that complies with § 202.20(b)(2)(iii). The files must be submitted in one of the electronic formats approved by the Office, they must be assembled in an orderly form, and they must be uploaded to the electronic registration system. The file size for each uploaded file must not exceed 500 megabytes; the files may be compressed to comply with this requirement. (10) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (c)(8) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant. (d) Group registration of serials. (1) Eligible works. (ii) The group must include at least two issues. (iii) Each issue in the group must be an all-new collective work that has not been previously published, each issue must be fixed and distributed as a discrete, self-contained collective work, and the claim in each issue must be limited to the collective work. (iv) Each issue in the group must be a work made for hire, and the author and claimant for each issue must be the same person or organization. (v) The serial generally must be published at intervals of a week or longer. All of the issues must be published within three months, under the same continuing title, within the same calendar year, and the applicant must specify the date of publication for each issue in the group. (2) Application. (3) Deposit. i.e., (4) Exceptional cases. (e) Group registration of newspapers. (1) Issues must be newspapers. (2) Requirements for newspaper issues. (3) Author and claimant. (4) Time period covered. (5) Application. (6) Deposit. (ii) The issues must be submitted in a digital form, and each issue must be contained in a separate electronic file. The applicant must use the file-naming convention and submit digital files in accordance with instructions specified on the Copyright Office's website. The files must be submitted in Portable Document Format (PDF), they must be assembled in an orderly form, and they must be uploaded to the electronic registration system as individual electronic files ( i.e., (f) Group registration of newsletters. (1) Eligible works. (ii) The group must include at least two issues. (iii) Each issue in the group must be an all-new issue or an all-new collective work that has not been previously published, and each issue must be fixed and distributed as a discrete, self-contained work. (iv) The author and claimant for each issue must be the same person or organization. (v) All the issues in the group must be published under the same continuing title, they must be published within the same calendar month and bear issue dates within that month, and the applicant must identify the earliest and latest date that the issues were published during that month. (2) Application. (3) Deposit. i.e., (4) Exceptional cases. (g) Group registration of contributions to periodicals. (1) All the contributions in the group must be created by the same individual. (2) The copyright claimant must be the same person or organization for all the contributions. (3) The contributions must not be works made for hire. (4) Each work must be first published as a contribution to a periodical, and all the contributions must be first published within a twelve-month period (e.g., January 1, 2015 through December 31, 2015; February 1, 2015 through January 31, 2016). (5) If any of the contributions were first published before March 1, 1989, those works must bear a separate copyright notice, the notice must contain the copyright owner's name (or an abbreviation by which the name can be recognized, or a generally known alternative designation for the owner), and the name that appears in each notice must be the same. (6) The applicant must complete and submit the online application designated for a group of contributions to periodicals. The application must identify each contribution that is included in the group, including the date of publication for each contribution and the periodical in which it was first published. The application may be submitted by any of the parties listed in § 202.3(c)(1). The application should be filed in Class TX if a majority of the contributions predominantly consist of text, and the application should be filed in Class VA if a majority of the contributions predominantly consist of photographs, illustrations, artwork, or other works of the visual arts. (7) The appropriate filing fee, as required by § 201.3(c) of this chapter, must be included with the application or charged to an active deposit account. (8) The applicant must submit one copy of each contribution that is included in the group, either by submitting the entire issue of the periodical where the contribution was first published, the entire section of the newspaper where it was first published, or the specific page(s) from the periodical where the contribution was first published. The contributions must be contained in separate electronic files that comply with § 202.20(b)(2)(iii). The files must be submitted in a PDF, JPG, or other electronic format approved by the Office, and they must be uploaded to the electronic registration system, preferably in a .zip file containing all the files. The file size for each uploaded file must not exceed 500 megabytes; the files may be compressed to comply with this requirement. (9) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (g)(6) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. (h) Group registration of unpublished photographs. (1) All the works in the group must be photographs. (2) The group must include no more than 750 photographs, and the application must specify the total number of photographs that are included in the group. (3) All the photographs must be created by the same author. (4) The copyright claimant for all the photographs must be the same person or organization. (5) The photographs may be registered as works made for hire if all the photographs are identified in the application as such. (6) All the photographs must be unpublished. (7) The applicant must provide a title for the group as a whole (8) The applicant must complete and submit the online application designated for a group of unpublished photographs. The application may be submitted by any of the parties listed in § 202.3(c)(1). (9) The applicant must submit one copy of each photograph in one of the following formats: JPEG, GIF, or TIFF. The photographs may be uploaded to the electronic registration system together with the required numbered list, preferably in a .zip file containing all the photographs. The file size for each uploaded file must not exceed 500 megabytes; the photographs may be compressed to comply with this requirement. Alternatively, the photographs and the required numbered list may be saved on a physical storage device, such as a flash drive, CD-R, or DVD-R, and delivered to the Copyright Office together with the required shipping slip generated by the electronic registration system. (10) The applicant must submit a sequentially numbered list containing a title and file name for each photograph in the group (matching the corresponding file names for each photograph specified in paragraph (h)(9) of this section). The title and file name for a particular photograph may be the same. The numbered list must be contained in an electronic file in Excel format (.xls), Portable Document Format (PDF), or other electronic format approved by the Office, and the file name for the list must contain the title of the group and the case number assigned to the application by the electronic registration system (e.g., “Title Of Group Case Number 16283927239.xls”). (11) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (h)(8) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. (i) Group registration of published photographs. (1) All the works in the group must be photographs. (2) The group must include no more than 750 photographs, and the application must specify the total number of photographs that are included in the group. (3) All the photographs must be created by the same author. (4) The copyright claimant for all the photographs must be the same person or organization. (5) The photographs may be registered as works made for hire if all the photographs are identified in the application as such. (6) All the photographs must be published within the same calendar year, and the applicant must specify the earliest and latest date that the photographs were published during the year. (7) The applicant must provide a title for the group as a whole. (8) The applicant must complete and submit the online application designated for a group of published photographs. The application may be submitted by any of the parties listed in § 202.3(c)(1). (9) The applicant must submit one copy of each photograph in one of the following formats: JPEG, GIF, or TIFF. The photographs may be uploaded to the electronic registration system together with the required numbered list, preferably in a .zip file containing all the photographs. The file size for each uploaded file must not exceed 500 megabytes; the photographs may be compressed to comply with this requirement. Alternatively, the photographs and the required numbered list may be saved on a physical storage device, such as a flash drive, CD-R, or DVD-R, and delivered to the Copyright Office together with the required shipping slip generated by the electronic registration system. (10) The applicant must submit a sequentially numbered list containing the title, file name, and month and year of publication for each photograph in the group (matching the corresponding file names for each photograph specified in paragraph (i)(9) of this section). The title and file name for a particular photograph may be the same. The numbered list must be contained in an electronic file in Excel format (.xls), Portable Document Format (PDF), or other electronic format approved by the Office, and the file name for the list must contain the title of the group and the case number assigned to the application by the electronic registration system (e.g., “Title Of Group Case Number 16283927239.xls”). (11) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (i)(8) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. (j) Group registration of short online literary works. (1) The group may include up to 50 short online literary works, and the application must specify the total number of short online literary works that are included in the group. For purposes of this section, a short online literary work (2) All of the works must be published within a three-calendar-month period, and the application must identify the earliest and latest date that the works were published. (3) All the works must be created by the same individual, or jointly by the same individuals, and each creator must be named as the copyright claimant or claimants for each work in the group. (4) The works must not be works made for hire. (5) The applicant must provide a title for each work and a title for the group as a whole. (6) The applicant must complete and submit the online application designated for a group of short online literary works. The application may be submitted by any of the parties listed in § 202.3(c)(1). (7) The applicant must submit one complete copy of each work. The works must be assembled in an orderly form with each work in a separate digital file. The file name for each work must match the title as submitted on the application. All of the works must be submitted in one of the electronic formats approved by the Office, and must be uploaded to the electronic registration system in a .ZIP file. The file size for each uploaded .ZIP file must not exceed 500 megabytes. (8) The applicant must submit a sequentially numbered list containing a title/file name for each work in the group. The list must also include the publication date and word count for each work. The numbered list must be contained in an electronic file in Excel format (.xls), Portable Document Format (PDF), or other electronic format approved by the Office, and the file name for the list must contain the title of the group and the case number assigned to the application by the electronic registration system ( e.g., (9) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (j)(6) of this section or may grant special relief from the deposit requirement under § 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. (k) Group registration of works on an album. (1) Eligible works. album. album (ii) The group may include: (A) Up to twenty musical works; or (B) Up to twenty sound recordings and any associated literary, pictorial, or graphic works included with the same album. (iii) The applicant must provide a title for the album and a title for each musical work or sound recording claimed in the group. (iv) All of the works in the group must be created by the same author or the works must have a common joint author, and the copyright claimant or co-claimants for each work must all be the same person(s) or organization. The works may be registered as works made for hire if they are identified in the application as such. (v) As a general rule, all of the works must be first published on the same album, the date and nation of publication for each work must be specified in the application, and the nation of publication for each work must be the same. A musical work or sound recording that was previously published as an individual work only ( e.g., (2) Application. (3) Deposit. (ii) For claims submitted with the application for “musical works from an album,” the applicant must submit one complete phonorecord of each musical work that is included in the group. (iii) The deposit may be submitted in a digital form if the following requirements have been met. Each work must be contained in a separate electronic file. The files must be assembled in an orderly form, they must be submitted in one of the electronic formats approved by the Office, and they must be uploaded to the electronic registration system as individual electronic files (not .zip files). The file size for each uploaded file must not exceed 500 megabytes; the files may be compressed to comply with this requirement. The file name for each work must match the title as submitted on the application. (4) Special relief. (l) Group registration of two-dimensional artwork. (1) All the works in the group must be two-dimensional pictorial or graphic works, and each work must be comprised of no more than one pictorial or graphic work. The group may include up to twenty works, and the application must specify the total number of works that are included in the group. The group may not include any three-dimensional pictorial, graphic, or sculptural works, any architectural works, technical drawings, or works of applied art, any works comprised of multiple pictorial or graphic works, including compilations, collective works, databases, or websites. Claims in any form of authorship other than “2D artwork” or claims in the selection, coordination, or arrangement of the group as a whole will not be permitted on the application. (2) The applicant must provide a title for each work in the group. (3) All the works must be created by the same author, and the author must be named as the copyright claimant for each work in the group. The group may not include any works created by more than one author. The works may be registered as works made for hire if they are identified in the application as such. (4) All the works must be published within one calendar year, the applicant must specify the earliest and latest date that the works were published during the year and the month of publication for each work. (5) The applicant must complete and submit the online application designated for a group of two-dimensional artwork. The application may be submitted by any of the parties listed in § 202.3(c)(1). (6) The applicant must submit one complete copy of each work. The works must be assembled in an orderly form with each work contained in a separate electronic file. The file name for each work must match the title as submitted on the application. All of the works must be submitted in one of the electronic formats approved by the Office, and they must be uploaded to the electronic registration system. The file size for each uploaded file must not exceed 500 megabytes; the files may be compressed to comply with this requirement. (7) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (l)(5) of this section or may grant special relief from the deposit requirement under § 202.20(d) of this chapter, subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. (m) Group registration of updates to a news website. (1) Definitions. (i) News website (ii) Website (2) Requirements for collective works. (3) Author and claimant. (4) Updates must be from one news website; time period covered. (5) Application. (6) Deposit. identifying material (ii) The identifying material must demonstrate that the home page contains sufficient selection, coordination, and arrangement authorship to be registered as a collective work. If the home page does not demonstrate sufficient compilation authorship, the deposit should include as many additional pages as necessary to demonstrate that the updates to the news website can be registered as a collective work. (iii) The identifying material must be submitted through the electronic registration system, and all of the identifying material that was published on a particular date must be contained in the same electronic file. The files must be submitted in PDF format, they must be assembled in an orderly form, and each file must be uploaded to the electronic registration system as an individual electronic file ( i.e., (7) Special relief. (n) [Reserved] (o) Secure test items. (p) Refusal to register. (q) Cancellation. (r) The scope of a group registration. [82 FR 29413, June 29, 2017, as amended at 82 FR 52228, Nov. 13, 2017; 83 FR 2547, Jan. 18, 2018; 83 FR 4146, Jan. 30, 2018; 83 FR 61549, Nov. 30, 2018; 84 FR 3699, Feb. 13, 2019; 84 FR 3698, Feb. 13, 2019; 84 FR 60918, 60919, Nov. 12, 2019; 85 FR 31982, May 28, 2020; 85 FR 37346, June 22, 2020; 86 FR 10825, Feb. 23, 2021; 89 FR 58999, July 22, 2024; 90 FR 59389, Dec. 19, 2025; 91 FR 52241, Aug. 13, 2026] § 202.5 Reconsideration Procedure for Refusals to Register. (a) General. (b) First reconsideration. (1) An applicant must request in writing that the Registration Program reconsider its decision. A request for reconsideration must include the reasons the applicant believes registration was improperly refused, including any legal arguments in support of those reasons and any supplementary information. The Registration Program will base its decision on the applicant's written submissions. (2) The fee set forth in § 201.3(d) of this chapter must accompany the first request for reconsideration. (3) The first request for reconsideration and the applicable fee must be postmarked, dispatched by a commercial carrier, courier, or messenger, or otherwise received by the Office, no later than three months from the date that appears in the written notice from the Registration Program of its decision to refuse registration. When the ending date for the three-month time period falls on a weekend or a Federal holiday, the ending day of the three-month period shall be extended to the next Federal work day. (4) If the Registration Program decides to register an applicant's work in response to the first request for reconsideration, it will notify the applicant in writing of the decision and the work will be registered. However, if the Registration Program again refuses to register the work, it will send the applicant a written notification stating the reasons for refusal within four months of the date on which the first request for reconsideration is received by the Registration Program. When the ending date for the four-month time period falls on a weekend or a Federal holiday, the ending day of the four-month period shall be extended to the next Federal work day. Failure by the Registration Program to send the written notification within the four-month period shall not result in registration of the applicant's work. (c) Second reconsideration. (1) An applicant must request in writing that the Review Board reconsider the Registration Program's decision to refuse registration. The second request for reconsideration must include the reasons the applicant believes registration was improperly refused, including any legal arguments in support of those reasons and any supplementary information, and must address the reasons stated by the Registration Program for refusing registration upon first reconsideration. The Board will base its decision on the applicant's written submissions. (2) The fee set forth in § 201.3(d) of this chapter must accompany the second request for reconsideration. (3) The second request for reconsideration and the applicable fee must be postmarked, dispatched by a commercial carrier, courier, or messenger, or otherwise received by the Office no later than three months from the date that appears in the Registration Program's written notice of its decision to refuse registration after the first request for reconsideration. When the ending date for the three-month time period falls on a weekend or a Federal holiday, the ending day of the three-month period shall be extended to the next Federal work day. (4) If the Review Board decides to register an applicant's work in response to a second request for reconsideration, it will notify the applicant in writing of the decision and the work will be registered. If the Review Board upholds the refusal to register the work, it will send the applicant a written notification stating the reasons for refusal. (d) Submission of reconsiderations. (2) The first page of the written request must contain the Copyright Office control number and clearly indicate either “FIRST RECONSIDERATION” or “SECOND RECONSIDERATION,” as appropriate, on the subject line. (e) Suspension or waiver of time requirements. (f) Composition of the Review Board. (g) Final agency action. [69 FR 77636, Dec. 28, 2004, as amended at 70 FR 7177, Feb. 11, 2005; 73 FR 37839, July 2, 2008; 78 FR 42875, July 18, 2013; 81 FR 62373, Sept. 9, 2016; 82 FR 9359, Feb. 6, 2017; 82 FR 21697, May 10, 2017; 85 FR 19668, Apr. 8, 2020] § 202.6 Supplementary registration. (a) General. (b) Definitions. basic registration (i) A copyright registration made under sections 408, 409, and 410 of title 17 of the United States Code; (ii) A renewal registration made under section 304 of title 17 of the United States Code; or (iii) A copyright registration or a renewal registration made under title 17 of the United States Code as it existed before January 1, 1978. (2) A supplementary registration (c) Persons entitled to file an application for supplementary registration. (d) Basis for issuing a supplementary registration. (2) A correction (3) An amplification (i) To supplement or clarify the information that was required by the application for the basic registration and should have been provided, such as the identity of a co-author or co-claimant, but was omitted at the time the basic registration was made; or (ii) To reflect changes in facts, other than those relating to transfer, license, or ownership of rights in the work, that occurred since the basic registration was made. (4) Supplementary registration is not appropriate: (i) To reflect a change in ownership that occurred on or after the effective date of the basic registration or to reflect the division, allocation, licensing, or transfer of rights in a work; (ii) To correct errors in statements or notices on the copies or phonorecords of a work, or to reflect changes in the content of a work; or (iii) To correct or amplify the information set forth in a basic registration that has been cancelled under § 201.7 of this chapter. (5) If an error or omission in a basic renewal registration is extremely minor, and does not involve the identity of the renewal claimant or the legal basis of the claim, supplementary registration may be made at any time. In an exceptional case, however, supplementary registration may be made to correct the name of the renewal claimant and the legal basis of the claim if clear, convincing, and objective documentation is submitted to the Copyright Office which proves that an inadvertent error was made in failing to designate the correct living statutory renewal claimant in the basic renewal registration. (6) In general, the Copyright Office will not issue a supplementary registration for a basic registration made under title 17 of the United States Code as it existed before January 1, 1978. In an exceptional case, the Copyright Office may issue a supplementary registration for such a registration, if the correction or amplification is supported by clear, convincing, and objective documentation. (e) Application for supplementary registration. (2) To seek a supplementary registration for a group of unpublished works registered under § 202.4(c), a group of short online literary works registered under § 202.4(j), a group of works published on the same album registered under § 202.4(k), or a group of two-dimensional artwork under § 202.4(l), an applicant must complete and submit the online application designated for supplementary registration after consultation with and under the direction of the Office of Registration Policy & Practice. (3) To seek a supplementary registration for a database that consists predominantly of photographs registered under § 202.3(b)(5), an applicant must complete and submit the online application designated for supplementary registration after consultation with and under the direction of the Visual Arts Division. (4) To seek a supplementary registration for a restored work registered under § 202.12, a database that does not consist predominantly of photographs registered under § 202.3(b)(5), or a renewal registration, an applicant must complete and submit an application using Form CA. (5) Before submitting the application, the applicant must sign a certification stating that the applicant reviewed a copy of the certificate of registration for the basic registration that will be corrected or amplified by the supplementary registration. To obtain a copy of the certificate, the applicant may submit a written request to the Records Research and Certification Section using the procedure set forth in Chapter 2400 of the Compendium of U.S. Copyright Office Practices, Third Edition. (6) The appropriate filing fee, as required by § 201.3(c) of this chapter, must be included with the application or charged to an active deposit account. At the Office's discretion, the applicant may be required to pay an additional fee to make a copy of the certificate of registration for the basic registration that will be corrected or amplified by the supplementary registration. (7) Copies, phonorecords, or supporting documents cannot be made part of the record for a supplementary registration and should not be submitted with the application. (8) In an exceptional case, the Copyright Office may waive the requirements set forth in paragraph (e)(1) or (2)of this section, subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant. (f) Effect of supplementary registration. (2) As provided in section 408(d) of title 17 of the United States Code, the information contained in a supplementary registration augments but does not supersede that contained in the basic registration. The basic registration will not be expunged or cancelled. [82 FR 27427, June 15, 2017, as amended at 82 FR 42738, Sept. 12, 2017; 83 FR 61550, Nov. 30, 2018; 85 FR 19668, Apr. 8, 2020; 85 FR 37347, June 22, 2020; 86 FR 10826, Feb. 23, 2021; 90 FR 59389, Dec. 19, 2025] §§ 202.7-202.9 [Reserved] § 202.10 Pictorial, graphic, and sculptural works. (a) In order to be acceptable as a pictorial, graphic, or sculptural work, the work must embody some creative authorship in its delineation or form. The registrability of such a work is not affected by the intention of the author as to the use of the work or the number of copies reproduced. The availability of protection or grant of protection under the law for a utility or design patent will not affect the registrability of a claim in an original work of pictorial, graphic, or sculptural authorship. (b) A claim to copyright cannot be registered in a print or label consisting solely of trademark subject matter and lacking copyrightable matter. While the Copyright Office will not investigate whether the matter has been or can be registered at the Patent and Trademark Office, it will register a properly filed copyright claim in a print or label that contains the requisite qualifications for copyright even though there is a trademark on it. However, registration of a claim to copyright does not give the claimant rights available by trademark registrations at the Patent and Trademark Office. [46 FR 33249, June 29, 1981, as amended at 60 FR 15606, Mar. 24, 1995; 61 FR 5445, Feb. 12, 1996] § 202.11 Architectural works. (a) General. (b) Definitions. building (2) Unless otherwise specified, all other terms have the meanings set forth in §§ 202.3 and 202.20. (c) Registration Original design. (2) Publication. (3) Registration limited to one architectural work. (4) Online application. (ii) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (c)(4)(i) of this section, subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant. (5) Deposit requirements. i.e., i.e., (ii) The deposit may be submitted in any form that allows the Copyright Office to access, perceive, and examine the entire copyrightable content of the work being registered, including by uploading the complete copy and identifying material in an acceptable file format to the Office's electronic registration system. Deposits uploaded to the electronic registration system will be considered solely for the purpose of registration under section 408 of title 17 of the United States Code, and will not satisfy the mandatory deposit requirement under section 407 of title 17 of the United States Code. (d) Works excluded. (1) Structures other than buildings. (2) Standard features. (3) Pre-December 1, 1990 building designs Published building designs. (ii) Unpublished building designs. [57 FR 45310, Oct. 1, 1992, as amended at 68 FR 38630, June 30, 2003; 84 FR 16785, Apr. 23, 2019] § 202.12 Restored copyrights. (a) General. (b) Definitions. restored work source country (2) Descriptive statement for a work embodied solely in machine-readable format (c) Registration Application. (2) Fee. (3) Deposit General. (A) The work as first published; (B) A reprint or re-release of the work as first published; (C) A photocopy or identical reproduction of the work as first published; or (D) A revised version which includes a substantial amount of the copyrightable content of the restored work with an indication in writing of the percentage of the restored work appearing in the revision. (ii) Previously registered works. (iii) Works embodied solely in machine-readable format. (A) One machine-readable copy and a descriptive statement of the work; or (B) Representative excerpts of the work, such as printouts; or, if the claim extends to audiovisual elements in the work, a videotape of what appears on the screen. (iv) Pictorial, graphic and sculptural works. (v) Special relief. (vi) Motion pictures. (d) Works excluded. [60 FR 50422, Sept. 29, 1995, as amended at 64 FR 12902, Mar. 16, 1999; 64 FR 29522, June 1, 1999; 71 FR 31092, June 1, 2006; 72 FR 36888, July 6, 2007; 73 FR 37839, July 2, 2008; 78 FR 42875, July 18, 2013; 82 FR 9359, Feb. 6, 2017; 85 FR 19668, Apr. 8, 2020; 87 FR 59308, Sept. 30, 2022] § 202.13 Secure tests. (a) General. (b) Definitions. (1) A secure test (2) A test is nonmarketed (3) A test is administered under supervision (4) A specified center (5) A test item (c) Deposit requirements. (1) The applicant must complete and submit a Standard Application. The application may be submitted by any of the parties listed in § 202.3(c)(1). (2) In case of a secure test, the applicant must submit a redacted copy of the entire test. In the case of a group of test items prepared for use in a secure test, the applicant must submit a redacted copy of each test item. In all cases the redacted copy must contain a sufficient amount of visible content to reasonably identify the work(s). In addition, the applicant must complete and submit the secure test questionnaire that is posted on the Copyright Office's website. The questionnaire and the redacted copy must be contained in separate electronic files, and each file must be uploaded to the electronic registration system in Portable Document Format (PDF). The Copyright Office will review these materials to determine if the work(s) qualify for an examination under secure conditions. If they appear to be eligible, the Copyright Office will contact the applicant to schedule an appointment to examine an unredacted copy of the work(s). The examination may be conducted in-person or through remote access as directed by the instructions provided on the Office's website. (3) On the appointed date, the applicant must provide the following materials to the Copyright Office: (i) A copy of the completed application. (ii) The appropriate examination fee, as required by § 201.3(d) of this chapter. (iii) A copy of the redacted version of the work(s) that was uploaded to the electronic registration system. (iv) A signed declaration confirming that the redacted copy specified in paragraph (c)(3)(iii) of this section is identical to the redacted copy that was uploaded to the electronic registration system. (v) In the case of a secure test, the applicant must provide an unredacted copy of the entire test. In the case of a group of test items prepared for use in a secure test, the applicant must provide an unredacted copy of all the test items. The applicant shall include the following information in the metadata of an unredacted electronic file: (A) The date of the examination; and (B) The service request number generated by the electronic registration system. (4) The Copyright Office will examine the copies specified in paragraphs (c)(3)(iii) and (v) of this section under secure conditions. The Office will retain the signed declaration and the redacted copy that was uploaded to the electronic registration system. If the examination is conducted in-person, the Office will stamp the date of the appointment on the copies and will return them to the applicant when the examination is complete. (d) Group registration requirements. (1) All the test items must be prepared for use in a secure test, and the name of the secure test must be identified in the title of the group. (2) The group may contain an unlimited amount of works, but the applicant must identify the individual works included within the group by numbering each test item in the deposit. (3) The applicant must provide a title for the group as a whole, and must append the term “GRSTQ” to the beginning of the title. (4) The group must contain only unpublished works, or works published within the same three-calendar-month period and the application must identify the earliest date that the works were published. (5) All the works in the group must have the same author or authors, and the copyright claimant for each work must be the same. Claims in the selection, coordination, or arrangement of the group as a whole will not be permitted on the application. Each item in the group must be separately copyrightable or must be excluded from the group. [82 FR 26854, June 12, 2017, as amended at 82 FR 52228, Nov. 13, 2017; 85 FR 27298, May 8, 2020; 86 FR 10177, Feb. 19, 2021; 88 FR 35743, June 1, 2023] §§ 202.14-202.15 [Reserved] § 202.16 Preregistration of copyrights. (a) General. (b) Definitions. (1) A work is in a class of works that the Register of Copyrights has determined has had a history of infringement prior to authorized commercial release (i) Motion pictures; (ii) Sound recordings; (iii) Musical compositions; (iv) Literary works being prepared for publication in book form; (v) Computer programs (including videogames); or (vi) Advertising or marketing photographs. (2) A work is being prepared for commercial distribution (i) The claimant, in a statement certified by the authorized preregistering party, has a reasonable expectation that the work will be commercially distributed to the public; and (ii) Preparation of the work has commenced and at least some portion of the work has been fixed in a tangible medium of expression, as follows: (A) For a motion picture, filming of the motion picture must have commenced; (B) For a sound recording, recording of the sounds must have commenced; (C) For a musical composition, at least some of the musical composition must have been fixed either in the form of musical notation or in a copy or phonorecord embodying a performance of some or all of the work; (D) For a literary work being prepared for publication in book form, the actual writing of the text of the work must have commenced; (E) For a computer program, at least some of the computer code (either source code or object code) must have been fixed; and (F) For an advertising or marketing photograph, the photograph (or, in the case of a group of photographs intended for simultaneous publication, at least one of the photographs) must have been taken. (3) A work eligible for preregistration (i) Unpublished; (ii) Being prepared for commercial distribution; and (iii) In a class of works that the Register of Copyrights has determined has had a history of infringement prior to authorized commercial release. (c) Preregistration General. (2) Works excluded. (3) Application. http://www.copyright.gov. (4) Unit of publication. (5) Fee. (ii) Method of payment Copyright Office deposit account. (B) Credit cards, debit cards and electronic funds transfer. (C) No refunds. (6) Description. (i) For motion pictures, the identifying description should include the following information to the extent known at the time of filing: The subject matter, a summary or outline, the director, the primary actors, the principal location of filming, and any other information that would assist in identifying the particular work being preregistered. (ii) For sound recordings, the identifying description should include the following information to the extent known at the time of filing: the subject matter of the work or works recorded, the performer or performing group, the genre of the work recorded (e.g., classical, pop, musical comedy, soft rock, heavy metal, gospel, rap, hip-hop, blues, jazz), the titles of the musical compositions being recorded, the principal recording location, the composer(s) of the recorded musical compositions embodied on the sound recording, and any other information that would assist in identifying the particular work being preregistered. (iii) For musical compositions, the identifying description should include the following information to the extent known at the time of filing: The subject matter of the lyrics, if any; the genre of the work ( e.g., (iv) For literary works in book form, the identifying description should include to the extent known at the time of filing: The genre of the book ( e.g., e.g., e.g., (v) For computer programs (including videogames), the identifying description should include to the extent known at the time of filing: The nature, purpose and function of the computer program, including the programming language in which it is written and any particular organization or structure in which the program has been created; the form in which it is expected to be published ( e.g., (vi) For advertising or marketing photographs, the description should include the subject matter depicted in the photograph or photographs, including information such as the particular product, event, public figure, or other item or occurrence which the photograph is intended to advertise or market. To the extent possible and applicable, the description for photographs should give additional details which will assist in identifying the particular photographs, such as the party for whom such advertising photographs are taken; the approximate time periods during which the photographs are taken; the approximate number of photos which may be included in the grouping; any events associated with the photographs; and the location and physical setting or surrounding depicted in the photographs. The description may also explain the general presentation ( e.g., (7) Review of preregistration information. (8) Certification. (9) Effective date of preregistration. (10) Notification of preregistration. (11) Certification of preregistration. (12) Public record of preregistration. http://www.copyright.gov. (13) Effect of preregistration. (14) Petition for recognition of a new class of works. [70 FR 61906, Oct. 27, 2005, as amended at 71 FR 31092, June 1, 2006; 73 FR 37839, July 2, 2008; 78 FR 42875, July 18, 2013; 82 FR 9360, Feb. 6, 2017; 83 FR 66629, Dec. 27, 2018; 87 FR 59309, Sept. 30, 2022] § 202.17 Renewals. (a) General. (2) Works for which copyright was secured before 1964 are governed by the provisions of 17 U.S.C. 304(a) in effect prior to the 1992 date of enactment of Pub. L. No. 102-307. The copyrights in such works could have been renewed by registration only within the last calendar year of the original 28-year term of copyright protection. If renewal registration was not made during that period of time, copyright protection was lost when the original term of copyright expired and cannot be regained. (3) Works restored to copyright by the Uruguay Round Agreements Act are governed in their copyright term of protection by Pub. L. No. 103-465, 108 Stat. 4809, 4976 (December 8, 1994). Under 17 U.S.C. 104A(a)(1)(A) and (B), as amended, any work in which copyright is restored subsists for the remainder of the term of copyright that the work would have been otherwise granted in the United States. Such term includes the remainder of any applicable renewal term. (4) Automatic restoration of copyright in certain foreign works that were in the public domain in the United States may have occurred under the Uruguay Round Agreements Act and may be protected by copyright or neighboring rights in their “source country,” as defined at 17 U.S.C. 104A(h)(8). (b) Definitions. (2) For purposes of this section, a work has been copyrighted when it has been published with a proper copyright notice or, in the case of an unpublished work, when it has been registered for copyright. (3) For purposes of this section, the term posthumous work means a work that was unpublished on the date of the death of the author and with respect to which no copyright assignment or other contract for exploitation of the work occurred during the author's lifetime. (4) For purposes of this section, the term statutory claimant means: (i) A party who was entitled to claim copyright for the renewal term at the time renewal registration was made either as a proprietary claimant, 17 U.S.C. 304(a)(2)(A)(i), or as a personal claimant, 17 U.S.C. 304(a)(2)(B)(i), if registration was made during the original term of copyright; or (ii) If the original copyright term expired, a party who was entitled to claim copyright for the renewal term as of the last day of the original term of copyright as either a proprietary or a personal claimant, 17 U.S.C. 304(a)(2)(A)(ii) and (a)(2)(B)(ii). (5) For purposes of this section, the term to vest means to give a fixed, non-contingent right of present or future enjoyment of the renewal copyright in a work. If renewal registration was made during the 28th year of the original term of copyright, the renewal copyright vested in the party or parties entitled to claim such copyright at the time of registration as provided by 17 U.S.C. 304(a)(1)(B) and (C). Although the vested right may have been determined by registration during the 28th year of the original term, the exercise of such right did not commence until the beginning of the renewal term, as provided in 17 U.S.C. 304(a)(2). If renewal registration was not made during the 28th year, the renewal copyright automatically vested upon the beginning of the renewal term in the party or parties entitled to claim such copyright on the last day of the original term as provided by 17 U.S.C. 304(a)(2)(A)(ii) and (B)(ii). (c) Time limits: original term and renewal term registration. (2) A renewal registration can be made at any time during the renewal term. 17 U.S.C. 304(a)(3)(A)(ii). If no original-term registration was made, renewal registration remains possible; but the Register may request information, under 17 U.S.C. 409(10), regarding the original term of copyright. Such information must demonstrate that the work complies with all requirements of the 1909 Act with respect to the existence, ownership, or duration of the copyright for the original term of the work. The Form RE/Addendum is used to provide this information. (3) Renewal registration is currently available for works copyrighted from January 1, 1964, through December 31, 1977. Under the provisions of 17 U.S.C. 304(a)(3)(A)(ii), renewal registration may be made any time during the 67-year renewal term for such works according to the procedure indicated in paragraph (h) of this section. Such renewal registration is optional and is not a condition of the subsistence of the copyright for the 67-year renewal term. 17 U.S.C. 304(a)(3)(B). In the case of such works for which no registration was made during the original term of copyright, renewal registration may be made by submission of a Form RE/Addendum. The Addendum, an adjunct to the renewal form, concerns the facts of first publication for a work and assures the Copyright Office that the work as it existed in its original term of copyright was in compliance with the 1909 copyright law, 17 U.S.C. 1, et. seq. (1909 Act, in effect through December 31, 1977), whose provisions govern such works. (d) Benefits of 28th-year renewal registration. (1) The certificate of registration constituted prima facie evidence as to the validity of the copyright during its renewal term and of the facts stated in the certificate. 17 U.S.C. 304(a)(4)(B). (2) A derivative work prepared under the authority of a grant of a transfer or license of copyright in a work made before the expiration of the original term of copyright could not continue to be used under the terms of the grant during the renewal term without the authority of the owner of the renewal copyright. 17 U.S.C. 304(a)(4)(A). (3) The renewal copyright vested upon the beginning of the renewal term in the party entitled to claim the renewal of copyright at the time the application was made as provided under 17 U.S.C. 304(a)(2)(A)(i) and (B)(i). (e) Statutory parties entitled to claim copyright for the renewal term under section 304(a). (2) If the renewal claim was submitted during the last, i.e. (i) The person who, on the applicable day, was the copyright proprietor is the appropriate renewal claimant in any posthumous work or any periodical, encyclopedia, or other composite work upon which the copyright was originally secured by the proprietor; (ii) The person who, on the applicable day, was the copyright proprietor is the appropriate claimant in any work copyrighted by a corporate body (otherwise than as assignees or licensees of the individual author), or by an employer for whom such work was made for hire; (iii) For any other copyrighted work, including a contribution by an individual author to a periodical or to a cyclopedic or other composite work, the appropriate claimants, in descending order of eligibility, are the person who, on the applicable day, was: (A) The author(s) of the work, if still living; (B) The widow(er) and/or child(ren) of the author, if the author was deceased on the applicable day; (C) The author's executor(s), if still acting in that capacity on the applicable day, provided the author had a will and neither the author, nor any widow(er) or child of the author is still living; or (D) The author's next of kin, in the absence of a will and if neither the author nor any widow, widower or child of the author is living. (3) The provisions of paragraphs (e)(1) and (2) of this section are subject to the following qualification: Notwithstanding the definition of “posthumous work” in paragraph (b)(3) of this section, a renewal claim may be registered in the name of the proprietor of a work, as well as in the name of the appropriate claimant under paragraph (e)(2)(iii) of this section, in any case in which a contract for exploitation of the work but no copyright assignment in the work has occurred during the author's lifetime. However, registration by the Copyright Office in this case should not be interpreted as evidencing the validity of either claim. (4) The provisions of paragraphs (e)(2)(iii)(C) and (D) of this section are subject to the following qualifications: (i) In any case where: (A) The author has left a will which names no executor; (B) The author has left a will which names an executor who cannot or will not serve in that capacity; or (C) The author has left a will which names an executor who has been discharged upon settlement of the estate, removed before the estate has been completely administered, or is deceased at the time of the renewal registration submission, the renewal claim may be registered either in the name of an administrator cum testamento annexo de bonis non cum testamento annexo (ii) In any case described in paragraph (e) of this section, except in the case where the author has left a will without naming an executor and a court-appointed administrator c.t.a. or administrator d.b.n.c.t.a. is in existence at the time of renewal registration, the renewal claim also may be registered in the name of the author's next of kin. However, registration by the Copyright Office of conflicting renewal claims in such a case should not be interpreted as evidencing the validity of either claim. (f) Successors/assignees entitled to file an application for the renewal term under Section 304(a). (1) Where no renewal registration has been made in the name of a person or entity identified in paragraphs (e)(2)(i), (ii) and (iii) of this section, a renewal application may be filed at any time during the renewal term by any successor or assignee of such person or entity. (2) In such cases described in paragraph (f)(1) of this section, the renewal application must identify the party in whom the renewal copyright vested; must indicate the basis upon which copyright for the renewal term vested in that party; must identify the party who is the successor or assignee of the statutory claimant under 17 U.S.C. 304(a)(3); and, must give the manner by which such successor/assignee secured the renewal copyright. (3) When such a claim has been filed by a successor or assignee in the name of the statutory claimant as described in paragraph (e)(2)(i), (ii) and (iii) of this section, generally no subsequent claims may be filed by other successors or assignees whose rights are derived from the same statutory claimant. If a public record of renewal ownership is sought by other successors or assignees of the same statutory claimant, the document of transfer of the renewal copyright, either the renewal in its entirety or in part, may be recorded in the Copyright Office. (4) Where a successor or assignee claims the renewal right from the same statutory claimant as does another successor or assignee, the Copyright Office may inquire concerning the situation and, if appropriate, may allow adverse renewal claims from the successors/assignees to be placed on the public record. In such cases, correspondence between the parties filing competing renewal claims and the Copyright Office will be, as always, maintained within Office records and subject to public inspection according to regulations found at 37 CFR 201.2. (g) Application for renewal registration for a work registered in its original 28-year term. http://www.copyright.gov (2)(i) An application for renewal registration may be submitted by any eligible statutory renewal claimant as specified in paragraph (e) of this section or by the duly authorized agent of such claimant, or by the successor or assignee of such claimant as provided under paragraph (f) of this section or by the duly authorized agent of such successor or assignee. (ii) An application for renewal registration shall be accompanied by the required fee as set forth in 37 CFR 201.3. The application shall contain the information required by the form and its accompanying instructions, and shall include a certification. The certification shall consist of: (A) A designation of whether the applicant is the renewal claimant, or a successor or assignee, or the duly authorized agent of such claimant or of such successor or assignee (whose identity shall also be given); (B) The typed, printed, or handwritten signature of such claimant, successor or assignee, or agent, accompanied by the typed or printed name of that person if the signature is handwritten; (C) A declaration that the statements made in the application are correct to the best of that person's knowledge; and (D) The date of certification. (3) Once a renewal registration has been made, the Copyright Office will not accept another application for renewal registration on behalf of the same renewal claimant. (h) Renewal with addendum registration for an unregistered work General. (2) Time Limits. (3) Content. (i) The title of the work; (ii) The name of the author(s); (iii) The date of first publication of the work; (iv) The nation of first publication of the work; (v) The citizenship of the author(s) on the date of first publication of the work; (vi) The domicile of the author(s) on the date of first publication of the work; (vii) An averment that, at the time of first publication, and thereafter until March 1, 1989 (effective date of the Berne Implementation Act of 1988), all the copies or phonorecords of the work, including reprints of the work, published, i.e. (viii) For works of United States origin which were subject to the manufacturing provisions of section 16 of the Copyright Act of 1909 as it existed at the time the work was published, the Form RE/Addendum must also contain information about the country of manufacture and the manufacturing processes; and (ix) The handwritten signature of the renewal claimant or successor or assignee, or the duly authorized agent of the claimant or of the successor or assignee. The signature shall be accompanied by the printed or typewritten name of the person signing the Addendum and by the date of the signature; and shall be immediately preceded by a declaration that the statements made in the application are correct to the best of that person's knowledge. (4) Fees. (5) Deposit requirement. (6) Waiver of the deposit requirement. (i) A reproduction of the entire work as first published (e.g., photocopy, videotape, audiotape, CD-ROM, DVD are examples of physical media which may hold reproductions of a work as first published). If the work is a contribution to a periodical, a reproduction of only the contribution (including the relevant copyright notice) will suffice. (ii) A reprint of the work (e.g., a later edition, a later release of a phonorecord, or the like). The reprint must show the copyright notice as it appeared in the same location within the first published copy of the work as well as the exact content of the copyright notice appearing in the first published edition. If the copyrightable content of the reprint differs from that of the first published edition, an explanation of the differences between the two editions is required. (iii) Identifying material including a reproduction of the greatest feasible portion of the copyrightable content of a work including a photocopy or photograph of the title page, title screen, record label or the like, as first published, and a photocopy or photograph showing the copyright notice content and location as first published. The Copyright Office may request deposit of additional material if the initial submission is inadequate for examination purposes. [72 FR 61803, Nov. 1, 2007, as amended at 73 FR 37839, July 2, 2008; 78 FR 42875, July 18, 2013; 82 FR 9360, Feb. 6, 2017; 83 FR 66629, Dec. 27, 2018; 85 FR 19668, Apr. 8, 2020] § 202.18 Access to electronic works. (a) Access to electronic works received under § 202.4(e) and § 202.19, and transferred into the Library of Congress's collections, will be available only to authorized users at Library of Congress premises in accordance with the policies listed below. Library staff may access such content off-site as part of their assigned duties via a secure connection. (b) Access to each individual electronic work received under § 202.4(e) and § 202.19 will be limited, at any one time, to two Library of Congress authorized users via a secure server over a secure network that serves Library of Congress premises. (c) The Library of Congress will not make electronic works received under § 202.4(e) and § 202.19 available to the public over the internet without rightsholders' permissions. (d) “Authorized user” means Library of Congress staff, contractors, and registered researchers, and Members, staff and officers of the U.S. House of Representatives and the U.S. Senate for the purposes of this section. (e) “Library of Congress premises” means all Library of Congress premises in Washington, DC, and the Library of Congress Packard Campus for Audio-Visual Conservation in Culpeper, VA. (f) Except as provided under special relief agreements entered into pursuant to § 202.19(e) or § 202.20(d), electronic works will be transferred to the Library of Congress for its collections and made available only under the conditions specified by this section. [83 FR 4147, Jan. 30, 2018, as amended at 85 FR 71837, Nov. 12, 2020] § 202.19 Deposit of published copies or phonorecords for the Library of Congress. (a) General. (b) Definitions. (1)(i) The best edition (ii) Criteria for selection of the “best edition” from among two or more published editions of the same version of the same work are set forth in the statement entitled “Best Edition of Published Copyrighted Works for the Collections of the Library of Congress” (hereafter referred to as the “Best Edition Statement”) in effect at the time of deposit. (iii) Where no specific criteria for the selection of the “best edition” are established in the Best Edition Statement, that edition which, in the judgment of the Library of Congress, represents the highest quality for its purposes shall be considered the “best edition.” In such cases: (A) When the Copyright Office is aware that two or more editions of a work have been published it will consult with other appropriate officials of the Library of Congress to obtain instructions as to the “best edition” and (except in cases for which special relief is granted) will require deposit of that edition; and (B) When a potential depositor is uncertain which of two or more published editions comprises the “best edition”, inquiry should be made to Acquisitions and Deposits. (iv) Where differences between two or more “editions” of a work represent variations in copyrightable content, each edition is considered a separate version, and hence a different work, for the purpose of this section, and criteria of “best edition” based on such differences do not apply. (2) A complete (i) In the case of sound recordings, a “complete” phonorecord includes the phonorecord, together with any printed or other visually perceptible material published with such phonorecord (such as textual or pictorial matter appearing on record sleeves or album covers, or embodied in leaflets or booklets included in a sleeve, album, or other container). (ii) In the case of a musical composition published in copies only, or in both copies and phonorecords: (A) If the only publication of copies in the United States took place by the rental, lease, or lending of a full score and parts, a full score is a “complete” copy; and (B) If the only publication of copies in the United States took place by the rental, lease, or lending of a conductor's score and parts, a conductor's score is a “complete” copy. (iii) In the case of a motion picture, a copy is “complete” if the reproduction of all of the visual and aural elements comprising the copyrightable subject matter in the work is clean, undamaged, undeteriorated, and free of splices, and if 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 mechanical, visual, or audible defects or distortions. (iv) In the case of an electronic work published in the United States and available only online, a copy is “complete” if it includes all elements constituting the work in its published form, i.e., (3) The terms architectural works copies collective work device fixed literary work machine motion picture, phonorecord publication sound recording useful article (4) For purposes of paragraph (c)(5) of this section: (i) An electronic-only serial (ii) An electronic-only book (iii) A work shall be deemed to be available only online (5) The term literary monograph (c) Exemptions from deposit requirements. (1) Diagrams and models illustrating scientific or technical works or formulating scientific or technical information in linear or three-dimensional form, such as an architectural or engineering blueprint, plan, or design, a mechanical drawing, or an anatomical model. (2) Greeting cards, picture postcards, and stationery. (3) Lectures, sermons, speeches, and addresses when published individually and not as a collection of the works of one or more authors. (4) Literary, dramatic, and musical works published only as embodied in phonorecords. This category does not exempt the owner of copyright, or of the exclusive right of publication, in a sound recording resulting from the fixation of such works in a phonorecord from the applicable deposit requirements for the sound recording. (5) Electronic works published in the United States and available only online. This exemption includes electronic-only books and electronic serials available only online only until such time as a demand is issued by the Copyright Office under the regulations set forth in § 202.24. This exemption does not apply to works that are published in both online, electronic formats and in physical formats, which remain subject to the appropriate mandatory deposit requirements. (6) Three-dimensional sculptural works, and any works published only as reproduced in or on jewelry, dolls, toys, games, plaques, floor coverings, wallpaper and similar commercial wall coverings, textiles and other fabrics, packaging material, or any useful article. Globes, relief models, and similar cartographic representations of area are not within this category and are subject to the applicable deposit requirements. (7) Prints, labels, and other advertising matter, including catalogs, published in connection with the rental lease, lending, licensing, or sale of articles of merchandise, works of authorship, or services. (8) Tests, and answer material for tests when published separately from other literary works. (9) Works first published as individual contributions to collective works. This category does not exempt the owner of copyright, or of the exclusive right of publication, in the collective work as a whole, from the applicable deposit requirements for the collective work. (10) Works first published outside the United States and later published in the United States without change in copyrightable content, if: (i) Registration for the work was made under 17 U.S.C. 408 before the work was published in the United States; or (ii) Registration for the work was made under 17 U.S.C. 408 after the work was published in the United States but before a demand for deposit is made under 17 U.S.C. 407(d). (11) Works published only as embodied in a soundtrack that is an integral part of a motion picture. This category does not exempt the owner of copyright, or of the exclusive right of publication, in the motion picture, from the applicable deposit requirements for the motion picture. (12) Motion pictures that consist of television transmission programs and that have been published, if at all, only by reason of a license or other grant to a nonprofit institution of the right to make a fixation of such programs directly from a transmission to the public, with or without the right to make further uses of such fixations. (d) Nature of required deposit. (i) In the case of published works other than sound recordings, two complete copies of the best edition; and (ii) In the case of published sound recordings, two complete phonorecords of the best edition. (2) In the case of certain published works not exempt from deposit requirements under paragraph (c) of this section, the following special provisions shall apply: (i) In the case of published three-dimensional cartographic representations of area, such as globes and relief models, the deposit of one complete copy of the best edition of the work will suffice in lieu of the two copies required by paragraph (d)(1) of this section. (ii) In the case of published motion pictures, the deposit of one complete copy of the best edition of the work will suffice in lieu of the two copies required by paragraph (d)(1) of this section. Any deposit of a published motion picture must be accompanied by a separate description of its contents, such as a continuity, pressbook, or synopsis. 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 of the Library with respect to such copies. In the event of termination of such an agreement by the Library it shall not be subject to reinstatement, nor shall the depositor or any successor in interest of the depositor be entitled to any similar or subsequent agreement with the Library, unless at the sole discretion of the Library it would be in the best interests of the Library to reinstate the agreement or enter into a new agreement. (iii) In the case of any published work deposited in the form of a hologram, the deposit shall be accompanied by: (A) Two sets of precise instructions for displaying the image fixed in the hologram; and (B) Two sets of identifying material in compliance with § 202.21 and clearly showing the displayed image. (iv) In any case where an individual author is the owner of copyright in a published pictorial or graphic work and: (A) Less than five copies of the work have been published; or (B) The work has been published and sold or offered for sale in a limited edition consisting of no more than three hundred numbered copies, the deposit of one complete copy of the best edition of the work or, alternatively, the deposit of photographs or other identifying material in compliance with § 202.21, will suffice in lieu of the two copies required by paragraph (d)(1) of this section. (v) In the case of a musical composition published solely in copies, or in both copies and phonorecords, the deposit of one complete copy of the best edition will suffice in lieu of the two copies required by paragraph (d)(1) of this section. (vi) In the case of published multimedia kits that include literary works, audiovisual works, sound recordings, or any combination of such works, the deposit of one complete copy of the best edition will suffice in lieu of the two copies required by paragraph (d)(1) of this section. (vii) In the case of published computer programs and published computerized information works, such as statistical compendia, serials, and reference works that are not copy-protected, the deposit of one complete copy of the best edition as specified in the current Library of Congress Best Edition Statement will suffice in lieu of the two copies required by paragraph (d)(1) of this section. If the works are copy-protected, two copies of the best edition are required. (viii) In the case of published architectural works, the deposit shall consist of the most finished form of presentation drawings in the following descending order of preference: (A) Original format, or best quality form of reproduction, including offset or silk screen printing; (B) Xerographic or photographic copies on good quality paper; (C) Positive photostat or photodirect positive; (D) Blue line copies (diazo or ozalid process). If photographs are submitted, they should be 8 × 10 inches and should clearly show several exterior and interior views. The deposit should disclose the name(s) of the architect(s) and draftsperson(s) and the building site. (ix) In the case of published literary monographs, the deposit of one complete copy of the best edition of the work will suffice in lieu of the two copies required by paragraph (d)(1) of this section, unless the Copyright Office issues a demand for a second copy pursuant to 17 U.S.C. 407(d). (x) In the case of published newspapers, a deposit submitted pursuant to and in compliance with the group registration option under § 202.4(e) shall be deemed to satisfy the mandatory deposit obligation under this section. (xi) In the case of serials (as defined in § 202.3(b)(1)(v), but excluding newspapers) published in the United States in a physical format, or in both a physical and an electronic format, the copyright owner or the owner of the exclusive right of publication must provide the Library of Congress with two complimentary subscriptions to the serial, unless Acquisitions and Deposits informs the owner that the serial is not needed for the Library's collections. Subscription copies must be physically mailed to the Copyright Office, at the address for mandatory deposit copies specified in § 201.1(c) of this chapter, promptly after the publication of each issue, and the subscription(s) must be maintained on an ongoing basis. The owner may cancel the subscription(s) if the serial is no longer published by the owner, if the serial is no longer published in the United States in a physical format, or if Acquisitions and Deposits informs the owner that the serial is no longer needed for the Library's collections. In addition, prior to commencing the subscriptions, the owner must send a letter to Acquisitions and Deposits at the address specified in § 201.1(b) of this chapter confirming that the owner will provide the requested number of subscriptions for the Library of Congress. The letter must include the name of the publisher, the title of the serial, the International Standard Serial Number (“ISSN”) that has been assigned to the serial (if any), and the issue date and the numerical or chronological designations that appear on the first issue that will be provided under the subscriptions. (e) Special relief. (i) Grant an exemption from the deposit requirements of section 407(a) of title 17 on an individual basis for single works or series or groups of works; or (ii) Permit the deposit of one copy or phonorecord, or alternative identifying material, in lieu of the two copies or phonorecords required by paragraph (d)(1) of this section; or (iii) Permit the deposit of incomplete copies or phonorecords, or copies or phonorecords other than those normally comprising the best edition; or (iv) Permit the deposit of identifying material which does not comply with § 202.21. (2) Any decision as to whether to grant such special relief, and the conditions under which special relief is to be granted, shall be made by the Register of Copyrights after consultation with other appropriate officials of the Library of Congress, and shall be based upon the acquisition policies of the Library of Congress then in force. (3) Requests for special relief under this paragraph shall be made in writing to the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice, shall be signed by or on behalf of the owner of copyright or of the exclusive right of publication in the work, and shall set forth specific reasons why the request should be granted. (4) The Register of Copyrights may, after consultation with other appropriate officials of the Library of Congress, terminate any ongoing or continuous grant of special relief. Notice of termination shall be given in writing and shall be sent to the individual person or organization to whom the grant of special relief had been given, at the last address shown in the records of the Copyright Office. A notice of termination may be given at any time, but it shall state a specific date of termination that is at least 30 days later than the date the notice is mailed. Termination shall not affect the validity of any deposit made earlier under the grant of special relief. (f) Submission and receipt of copies and phonorecords. (2) All copies and phonorecords deposited in the Copyright Office under section 407 of title 17, unless accompanied by written instructions to the contrary, will be considered to be deposited by the person or persons named in the copyright notice on the work. (3) Upon request by the depositor made at the time of the deposit, the Copyright Office will issue a certificate of receipt for the deposit of copies or phonorecords of a work under this section. Certificates of receipt will be issued in response to requests made after the date of deposit only if the requesting party is identified in the records of the Copyright Office as having made the deposit. In either case, requests for a certificate of receipt must be in writing and accompanied by the appropriate fee, as required in § 201.3(c). A certificate of receipt will include identification of the depositor, the work deposited, and the nature and format of the copy or phonorecord deposited, together with the date of receipt. [51 FR 6403, Feb. 24, 1986, as amended at 54 FR 42299, Oct. 16, 1989; 56 FR 47403, Sept. 19, 1991; 56 FR 59885, Nov. 26, 1991; 57 FR 45310, Oct. 1, 1992; 60 FR 34168, June 30, 1995; 64 FR 29522, June 1, 1999; 64 FR 62978, Nov. 18, 1999; 66 FR 34373, June 28, 2001; 73 FR 37839, July 2, 2008; 75 FR 3869, Jan. 25, 2010; 82 FR 9360, Feb. 6, 2017; 83 FR 2372, Jan. 17, 2018; 83 FR 4147, Jan. 30, 2018; 83 FR 25375, June 1, 2018; 83 FR 61550, Nov. 30, 2018; 85 FR 71837, Nov. 12, 2020; 86 FR 32642, June 22, 2021] § 202.20 Deposit of copies and phonorecords for copyright registration. (a) General. (b) Definitions. (1) The best edition i.e. (2) A complete (i) Unpublished works. (ii) Published works. (A) The copy or phonorecord deposited contains all parts of the work for which copyright registration is sought; and (B) The removal of the missing elements did not physically damage the copy or phonorecord or garble its contents; and (C) The work is exempt from the mandatory deposit requirements under section 407 of title 17 of the United States Code and § 202.19(c) of these regulations, or the copy deposited consists entirely of a container, wrapper, or holder, such as an envelope, sleeve, jacket, slipcase, box, bag, folder, binder, or other receptacle acceptable for deposit under paragraph (c)(2) of this section; (iii) Works submitted for registration in digital formats. (A) If the work is unpublished, all authorship elements for which registration is sought; and (B) If the work is published solely in an electronic format, all elements constituting the work in its published form, i.e., (C) For works submitted electronically, any of the following file formats are acceptable for registration: PDF, TXT, WPD, DOC, TIF, SVG, JPG, XML, HTML, WAV, and MPEG family of formats, including MP3. This list of file formats is non-exhaustive and it may change, or be added to periodically. Changes will be noted in the list of acceptable formats on the Copyright Office website. (D) Contact with the registration applicant may be necessary if the Copyright Office cannot access, view, or examine the content of any particular digital file that has been submitted for the registration of a work. For purposes of 17 U.S.C. 410(d), a deposit has not been received in the Copyright Office until a copy that can be reviewed by the Office is received. (iv) Contributions to collective works. (v) Sound recordings. (vi) Musical scores. (A) 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 (B) 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. (vii) Motion pictures. (3) The terms secure test literary monograph (4) For the purposes of determining the applicable deposit requirements under this section only, the following shall be considered unpublished motion pictures: motion pictures that consist of television transmission programs and that have been published, if at all, only by reason of a license or other grant to a nonprofit institution of the right to make a fixation of such programs directly from a transmission to the public, with or without the right to make further uses of such fixations. (c) Nature of required deposit. (i) In the case of unpublished works, one complete copy or phonorecord. (ii) In the case of works first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published. (iii) In the case of works first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition. (iv) In the case of works first published outside of the United States, one complete copy or phonorecord of the work either as first published or of the best edition. For purposes of this section, any works simultaneously first published within and outside of the United States shall be considered to be first published in the United States. (2) In the case of certain works, the special provisions set forth in this clause shall apply. In any case where this clause specifies that one copy or phonorecord may be submitted, that copy or phonorecord shall represent the best edition, or the work as first published, as set forth in paragraph (c)(1) of this section, unless stated otherwise. (i) General. (A) Published three-dimensional cartographic representations of area, such as globes and relief models. (B) Published diagrams illustrating scientific or technical works or formulating scientific or technical information in linear or other two-dimensional form, such as an architectural or engineering blueprint, or a mechanical drawing. (C) Published greeting cards, picture postcards, and stationery. (D) Lectures, sermons, speeches, and addresses published individually and not as a collection of the works of one or more authors. (E) Musical compositions published solely in copies or in both copies and phonorecords, provided that one complete copy (rather than a phonorecord) is deposited. (F) Published multimedia kits or any part thereof. (G) Works exempted from the requirement of depositing identifying material under paragraph (c)(2)(xi)(B) of this section. (H) Literary, dramatic, and musical works published only as embodied in phonorecords, although this category does not exempt the owner of copyright in a sound recording. (I) Choreographic works, pantomimes, literary, dramatic, and musical works published only as embodied in motion pictures. (J) Published works in the form of two-dimensional games, decals, fabric patches or emblems, calendars, instructions for needle work, needle work and craft kits. (K) Works reproduced on three-dimensional containers such as boxes, cases, and cartons. (L) Published literary monographs. (M) Architectural works, for which the deposit must comply with the requirements set forth in § 202.11. (N) A single issue of a serial publication, for which the deposit may comply with the requirements set forth in paragraphs (b)(2)(iii)(B) or (c)(2)(i)(N)( 1 2 ( 1 i.e., ( 2 (ii) Motion pictures. (iii) Holograms. (A) Precise instructions for displaying the image fixed in the hologram; and (B) Photographs or other identifying material complying with § 202.21 and clearly showing the displayed image. The number of sets of instructions and identifying material shall be the same as the number of copies required. In the case of a work in the form of a two-dimensional hologram, the image of which is visible without the use of a machine or device, one actual copy of the work shall be deposited. (iv) Certain pictorial and graphic works. (A) Less than five copies of the work have been published; or (B) The work has been published and sold or offered for sale in a limited edition consisting of no more than 300 numbered copies. (v) Commercial prints and labels. 4 (vi) Tests. (vii) Computer programs and databases embodied in machine-readable copies other than CD-ROM format. (A) For published or unpublished computer programs, one copy of identifying portions of the program, reproduced in a form visually perceptible without the aid of a machine or device, either on paper or in microform. For these purposes “identifying portions” shall mean one of the following: ( 1 ( 2 (B) Where registration of a program containing trade secrets is made on the basis of an object code deposit the Copyright Office will make registration under its rule of doubt and warn that no determination has been made concerning the existence of copyrightable authorship. (C) Where the application to claim copyright in a computer program includes a specific claim in related computer screen displays, the deposit, in addition to the identifying portions specified in paragraph (c)(2)(vii)(A) of this section, shall consist of: ( 1 ( 2 (D) For published and unpublished automated databases, compilations, statistical compendia, and the like, so fixed or published, one copy of identifying portions of the work, reproduced in a form visually perceptible without the aid of a machine or device, either on paper or in microform. For these purposes: ( 1 Identifying portions ( 2 Datafile file ( 3 ( 4 ( 5 ( i ( ii ( iii ( iv ( v ( 6 ( 7 ( 8 (viii) Machine-readable copies of works other than computer programs, databases, and works fixed in a CD-ROM format. (A) For pictorial or graphic works, the deposit shall consist of identifying material in compliance with § 202.21. (B) For audiovisual works, the deposit shall consist of either a videotape of the work depicting representative portions of the copyrightable content, or a series of photographs or drawings, depicting representative portions of the work, plus in all cases a separate synopsis of the work. (C) For musical compositions, the deposit shall consist of a transcription of the entire work such as a score, or a reproduction of the entire work on a phonorecord. (D) For sound recordings, the deposit shall consist of a reproduction of the entire work on a phonorecord. (E) For literary works, the deposit shall consist of a transcription of representative portions of the work including the first and last 25 pages or equivalent units, and five or more pages indicative of the remainder. (ix) Copies containing both visually-perceptible and machine-readable material other than a CD-ROM format. (x) Works reproduced in or on sheetlike materials. (xi) Works reproduced in or on three-dimensional objects. ( 1 ( 2 3 (B) In the following cases the requirements of paragraph (c)(2)(xi)(A) of this section for the deposit of identifying material shall not apply: ( 1 ( 2 ( 3 ( 4 ( 5 (xii) Soundtracks. (xiii) Oversize deposits. (xiv) Pictorial advertising material. (xv) Contributions to collective works. (xvi) Phonorecords. (xvii)-(xviii) [Reserved] (xix) Works fixed in a CD-ROM format. (B) In any case where the work fixed in a CD-ROM package cannot be viewed on equipment available in the Registration Program of the Copyright Office, the Office will seek an appropriate deposit in accordance with paragraph (d) of this section, in addition to the deposit of the CD-ROM package. (d) Special relief. (i) Permit the deposit of one copy or phonorecord, or alternative identifying material, in lieu of the one or two copies or phonorecords otherwise required by paragraph (c)(1) of this section or; (ii) Permit the deposit of incomplete copies or phonorecords, or copies or phonorecords other than those normally comprising the best edition; or (iii) Permit the deposit of an actual copy or copies, in lieu of the identifying material otherwise required by this section or § 202.4; or (iv) Permit the deposit of identifying material which does not comply with § 202.4 or § 202.21. (2) Any decision as to whether to grant such special relief, and the conditions under which special relief is to be granted, shall be made by the Register of Copyrights after consultation with other appropriate officials of the Library of Congress, and shall be based upon the acquisition policies of the Library of Congress then in force and the archival and examining requirements of the Copyright Office. (3) Requests for special relief under this paragraph may be combined with requests for special relief under § 202.19(e). Whether so combined or made solely under this paragraph, such requests shall be made in writing to the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice, shall be signed by or on behalf of the person signing the application for registration, and shall set forth specific reasons why the request should be granted. (4) The Register of Copyrights may, after consultation with other appropriate officials of the Library of Congress, terminate any ongoing or continuous grant of special relief. Notice of termination shall be given in writing and shall be sent to the individual person or organization to whom the grant of special relief had been given, at the last address shown in the records of the Copyright Office. A notice of termination may be given at any time, but it shall state a specific date of termination that is at least 30 days later than the date the notice is mailed. Termination shall not affect the validity of any deposit or registration made earlier under the grant of special relief. (e) Use of copies and phonorecords deposited for the Library of Congress. [51 FR 6405, Feb. 24, 1986] Editorial Note: For Federal Register www.govinfo.gov. § 202.21 Deposit of identifying material instead of copies. (a) General. (b) Completeness; number of sets. (c) Size. (d) Title and dimensions. (e) Copyright notice. (f) For separate registration of an unpublished work that is fixed, or a published work that is published, only as embodied in a soundtrack that is an integral part of a motion picture, identifying material deposited in lieu of an actual copy of the motion picture shall consist of: (1) A transcription of the entire work, or a reproduction of the entire work on a phonorecord; and (2) Photographs or other reproductions from the motion picture showing the title of the motion picture, the soundtrack credits, and the copyright notice for the soundtrack, if any. The provisions of paragraphs (b), (c), (d), and (e) of this section do not apply to identifying material deposited under this paragraph (f). (g)(1) In the case of unpublished motion pictures (including transmission programs that have been fixed and transmitted to the public, but have not been published), identifying material deposited in lieu of an actual copy shall consist of either: (i) An audio cassette or other phonorecord reproducing the entire soundtrack or other sound portion of the motion picture, and a description of the motion picture; or (ii) A set consisting of one frame enlargement or similar visual reproduction from each 10-minute segment of the motion picture, and a description of the motion picture. (2) In either case the “description” may be a continuity, a pressbook, or a synopsis but in all cases it must include: (i) The title or continuing title of the work, and the episode title, if any; (ii) The nature and general content of the program; (iii) The date when the work was first fixed and whether or not fixation was simultaneous with first transmission; (iv) The date of first transmission, if any; (v) The running time; and (vi) The credits appearing on the work, if any. (3) The provisions of paragraphs (b), (c), (d), and (e) of this section do not apply to identifying material submitted under this paragraph (g). (h) In the case where the deposit copy or copies of a motion picture cannot be viewed for examining purposes on equipment in the Registration Program of the Copyright Office, the “description” required by § 202.20(c)(2)(ii) may be a continuity, a press-book, a synopsis, or a final shooting script but in all cases must be sufficient to indicate the copyrightable material in the work and include (1) The continuing title of the work and the episode title, if any; (2) The nature and general content of the program and of its dialogue or narration, if any; (3) The running time; and (4) All credits appearing on the work including the copyright notice, if any. The provisions of paragraphs (b), (c), and (d) of this section do not apply to identifying material submitted under this paragraph (h). [51 FR 6409, Feb. 24, 1986, as amended at 73 FR 37839, July 2, 2008; 82 FR 9362, Feb. 6, 2017] § 202.22 Acquisition and deposit of unpublished audio and audiovisual transmission programs. (a) General. (b) Definitions. (1) The terms copies, fixed, phonorecords, publication, and transmission program and their variant forms, have the meanings given to them in section 101 of title 17. The term network station has the meaning given it in section 111(f) of title 17. For the purpose of this section, the term transmission includes transmission via the Internet, cable, broadcasting, and satellite systems, and via any other existing or future devices or processes for the communication of a performance or display whereby images or sounds are received beyond the place from which they are sent. (2) Title 17 (c) Recording of transmission programs. (2) Upon written request addressed to the Chief, Motion Picture, Broadcasting and Recorded Sound Division by a broadcast station or other owner of the right of transmission, the Library of Congress will inform the requestor whether a particular transmission program has been recorded by the Library. (3) The Library of Congress will not knowingly record any unfixed or published transmission program under the recording authority of section 407(e) of title 17 of the United States Code. (4) The Library of Congress is entitled under this paragraph (c) to presume that a radio program transmitted to the public in the United States has been fixed but not published at the time of transmission, and that a television program transmitted to the public in the United States by a noncommercial educational broadcast station as defined in section 397 of title 47 of the United States Code has been fixed but not published. (5) The presumption established by paragraph (c)(4) of this section may be overcome by written declaration and submission of appropriate documentary evidence to the Chief, Motion Picture, Broadcasting and Recorded Sound Division, either before or after recording of the particular transmission program by the Library of Congress. Such written submission shall contain: (i) The identification, by title and time of broadcast, of the transmission program in question; (ii) A brief statement declaring either that the program was not fixed or that it was published at the time of transmission; (iii) If it is declared that the program was published at the time of transmission, a brief statement of the facts of publication, including the date and place thereof, the method of publication, the name of the owner of the right of first publication, and whether the work was published in the United States; and (iv) The actual handwritten signature of an officer or other duly authorized agent of the organization which transmitted the program in question. (6) A declaration that the program was unfixed at the time of transmission shall be accepted by the Library of Congress, unless the Library can cite evidence to the contrary, and the copy or phonorecord will either be (i) Erased; or (ii) Retained, if requested by the owner of copyright or of any exclusive right, to satisfy the deposit provision of section 408 of title 17 of the United States Code. (7) If it is declared that the program was published at the time of transmission, the Library of Congress is entitled under this section to retain the copy or phonorecord to satisfy the deposit requirement of section 407(a) of title 17 of the United States Code. (8) The Library of Congress shall maintain a list of the radio, cable, Internet and satellite transmission programs that the Library has recorded on the Motion Picture, Broadcasting and Recorded Sound Division website at http://www.loc.gov/rr/record/ http://www.loc.gov/rr/mopic/ (i) The identification, by title and time of broadcast, of the transmission program in question; (ii) A brief statement asserting the Library of Congress' belief that the transmission program has been, or will be by the date of transmission, fixed and is unpublished, together with language converting the notice to a demand for deposit under section 407 (a) and (b) of title 17 of the United States Code, if the transmission program has been published in the United States. (9) The notice required by paragraph (c)(8) of this section shall not cover more than one transmission program except that the notice may cover up to thirteen episodes of one title if such episodes are generally scheduled to be broadcast at the same time period on a regular basis, or may cover all the episodes comprising the title if they are scheduled to be broadcast within a period of not more than two months. (d) Demands for deposit of a transmission program. (2) The Register of Copyrights is entitled to presume, unless clear evidence to the contrary is proffered, that the transmitting organization is the owner of the United States transmission right. (3) Notices of demand shall be in writing and shall contain: (i) The identification, by title and time of broadcast, of the work in question; (ii) An explanation of the optional forms of compliance, including transfer of ownership of a copy or phonorecord to the Library, lending a copy or phonorecord to the Library for reproduction, or selling a copy or phonorecord to the Library at a price not to exceed the cost of reproducing and supplying the copy or phonorecord; (iii) A ninety-day deadline by which time either compliance or a request for an extension of a request to adjust the scope of the demand or the method for fulfilling it shall have been received by the Register of Copyrights; (iv) A brief description of the controls which are placed on the use of the copies or phonorecords; (v) A statement concerning the Register's perception of the publication status of the program, together with language converting this demand to a demand for a deposit, under 17 U.S.C. 407, if the recipient takes the position that the work is published; and (vi) A statement that a compliance copy (4) With respect to paragraph (d)(3)(ii) of this section, the sale of a copy or phonorecord in compliance with a demand of this nature shall be at a price not to exceed the cost to the Library of reproducing and supplying the copy or phonorecord. The notice of demand should therefore inform the recipient of that cost and set that cost, plus reasonable shipping charges, as the maximum price for such a sale. (5) Copies and phonorecords transferred, lent, or sold under paragraph (d) of this section shall be of sound physical condition as described in Appendix A to this section. (6) Special relief. (i) Extend the time period provided in subparagraph (d)(3)(iii); (ii) Make adjustments in the scope of the demand; or (iii) Make adjustments in the method of fulfilling the demand. Any decision as to whether to allow such extension or adjustments shall be made by the Register of Copyrights after consultation with other appropriate officials of the Library of Congress and shall be made as reasonably warranted by the circumstances. Requests for special relief under paragraph (d) of this section shall be made in writing to Acquisitions and Deposits, shall be signed by or on behalf of the owner of the right of transmission in the United States and shall set forth the specific reasons why the request should be granted. (e) Disposition and use of copies and phonorecords. (2) All copies and phonorecords acquired or made under this section, except copies and phonorecords of transmission programs consisting of a regularly scheduled newscast or on-the-spot coverage of news events, shall be subject to the following restrictions concerning copying and access: in the case of television or other audiovisual transmission programs, copying and access are governed by Library of Congress Regulation 818-17, Policies Governing the Use and Availability of Motion Pictures and Other Audiovisual Works in the Collections of the Library of Congress, or its successors; in the case of audio transmission programs, copying and access are governed by Library of Congress Regulation 818-18.1, Recorded Sound Listening and Duplication Services, or its successors. Transmission programs consisting of regularly scheduled newscasts or on-the-spot coverage of news events are subject to the provisions of the “American Television and Radio Archives Act,” 2 U.S.C. 170, and such regulations as the Librarian of Congress shall prescribe. (f) Registration of claims to copyright. (i) The application and fee, in a form acceptable for registration, is received by the Copyright Office no later than ninety days after transmission of the program, and (ii) Correspondence received by the Copyright Office in the envelope containing the application and fee states that a fixation of the instant work was made by the Library of Congress and requests that the copy or phonorecord so fixed be used to satisfy the registration deposit provisions. (2) Copies and phonorecords transferred, lent, or sold to the Library of Congress under the provisions of paragraph (d) of this section may be used as the deposit for copyright registration purposes only when the application and fee, in a form acceptable for registration, accompany, in the same container, the copy or phonorecord lent, transferred, or sold, and there is an explanation that the copy or phonorecord is intended to satisfy both the demand issued under section 407(e)(2) of title 17 of the United States Code and the registration deposit provisions. (g) Agreements modifying the terms of this section. (2) Any such agreement may be terminated without notice by the Library of Congress. (17 U.S.C. 407, 408, 702) [48 FR 37208, Aug. 17, 1983, as amended at 56 FR 7815, Feb. 26, 1991; 60 FR 34168, June 30, 1995; 64 FR 36575, July 7, 1999; 66 FR 34373, June 28, 2001; 69 FR 62411, Oct. 26, 2004; 82 FR 9362, Feb. 6, 2017; 86 FR 32642, June 22, 2021] § 202.23 Full term retention of copyright deposits. (a) General. (2) For purposes of this section, under the control of the Copyright Office (3) For purposes of this section, full term retention (4) For purposes of this section, copyright deposit (b) Form and content of request for full term retention Forms. (2) Requests for full term retention must be made in writing addressed to the Director of the Office of Copyright Records in the manner prescribed specified in § 201.1(b)(1) of this chapter, and shall include a legally binding signature, including an electronic signature as defined in 15 U.S.C. 7006, of or on behalf of the depositor or copyright owner of record, and clearly indicate that full term retention is desired. (3) The request for full term retention must adequately identify the particular copyright deposit to be retained, preferably by including the title used in the registration application, the name of the depositor or copyright owner of record, the publication date, and, if registration was completed earlier, the registration number. (c) Conditions under which requests will be granted or denied General. (2) Time of request. (3) One deposit retained. (4) Denial of request for full term retention. (i) The excessive size, fragility, or weight of the deposit would, in the sole discretion of the Register of Copyrights, constitute an unreasonable storage burden. The request may nevertheless be granted if, within 60 calendar days of the original denial of the request, the requestor pays the reasonable administrative costs, as fixed in the particular case by the Register of Copyrights, of preparing acceptable identifying materials for retention in lieu of the actual copyright deposit; (ii) The Library of Congress has selected for its collections the single copyright deposit, or both, if two copies or phonorecords were deposited; or (iii) Retention would result in a health or safety hazard, in the sole judgment of the Register of Copyrights. The request may nevertheless be granted if, within 60 calendar days of the original denial of the request, the requestor pays the reasonable administrative costs, as fixed in the particular case by the Register of Copyrights of preparing acceptable identifying materials for retention in lieu of the actual copyright deposit. (d) Form of copyright deposit. (e) Fee for full term retention. (2) Payment in the amount prescribed in § 201.3(d) of this chapter payable to the U.S. Copyright Office, must be received in the Copyright Office within 60 calendar days from the date of mailing of the Copyright Office's notification to the requestor that full-term retention has been granted for a particular copyright deposit. (3) The Copyright Office will issue a receipt acknowledging payment of the fee and identifying the copyright deposit for which full term retention has been granted. (f) Selection by Library of Congress General. (2) A request for full term retention made at the time of deposit of a published work does not affect the right of the Library to select one or both of the copyright deposits. (3) If one copyright deposit is selected, the second deposit, if any, will be used for full term retention. (4) If both copyright deposits are selected, or, in the case where the single deposit made is selected, full term retention will be granted only if the additional copy or phonorecord specified by paragraph (c)(2) was deposited. (g) Termination of full term storage. [52 FR 28822, Aug. 4, 1987, as amended at 60 FR 34168, June 30, 1995; 63 FR 29139, May 28, 1998; 64 FR 29522, June 1, 1999; 64 FR 36575, July 7, 1999; 65 FR 39819, June 28, 2000; 73 FR 37839, July 2, 2008; 82 FR 9362, Feb. 6, 2017; 85 FR 19668, Apr. 8, 2020; 86 FR 32642, June 22, 2021; 87 FR 59309, Sept. 30, 2022] § 202.24 Deposit of published electronic works available only online. (a) Pursuant to authority under 17 U.S.C. 407(d), the Register of Copyrights may make written demand to deposit one complete copy or a phonorecord of an electronic work published in the United States and available only online upon the owner of copyright or of the exclusive right of publication in the work, under the following conditions: (1) Demands may be made only for works in those categories identified in § 202.19(c)(5) as being subject to demand. (2) Demands may be made only for electronic-only serials published on or after February 24, 2010. (3) Demands may be made only for electronic-only books published on or after December 14, 2020. (4) The owner of copyright or of the exclusive right of publication must deposit the demanded work within three months of the date the demand notice is received. (5) Copies or phonorecords deposited in response to a demand must be able to be accessed and reviewed by the Copyright Office, Library of Congress, and the Library's authorized users on an ongoing basis. (b) Technical standards. www.copyright.gov (c) Definitions. (2) “Complete copy” has the meaning set forth in § 202.19(b)(2). (3) “Electronic-only” works are electronic works that are published and available only online. (d) Special relief. (i) Extend the time period provided in 17 U.S.C. 407(d); (ii) Permit the deposit of incomplete copies or phonorecords; or (iii) Permit the deposit of copies or phonorecords other than those normally comprising the best edition. (2) Any decision as to whether to grant such special relief, and the conditions under which special relief is to be granted, shall be made by the Register of Copyrights after consultation with other appropriate officials of the Library of Congress, and shall be based upon the acquisition policies of the Library of Congress then in force. (3) Requests for special relief under this section shall be made in writing to Acquisitions and Deposits, shall be signed by or on behalf of the owner of copyright or of the exclusive right of publication in the work, and shall set forth specific reasons why the request should be granted. [75 FR 3869, Jan. 25, 2010, as amended at 82 FR 9362, Feb. 6, 2017; 85 FR 71837, Nov. 12, 2020; 86 FR 32642, June 22, 2021] Appendix A to Part 202—Technical Guidelines Regarding Sound Physical Condition To be considered a copy “of sound physical condition” within the meaning of 37 CFR 202.22(d)(5), a copy shall conform to all the technical guidelines set out in this Appendix. A. Physical Condition. 1. Clean: 2. Undamaged: (i) Any damage that interferes with performance from the tape or other reproduction, including physical damage resulting from earlier mechanical difficulties such as cassette jamming, breaks, tangles, or tape overflow; and (ii) Any erasures, damage causing visual or audible defects or distortions or any material remaining from incomplete erasure of previously recorded works. 3. Unspliced: 4. Undeteriorated: B. Physical Appurtenances of Deposit Copy. 1. Physical Housing of Video Tape Copy. 2. “Leader” or Equivalent. C. Visual and Aural Quality of Copy: 1. Visual Quality. 2. Aural Quality. (17 U.S.C. 407, 408, 702) [48 FR 37209, Aug. 17, 1983, as amended at 60 FR 34168, June 30, 1995] Appendix B to Part 202—“Best Edition” of Published Copyrighted Works for the Collections of the Library of Congress a. The copyright law (title 17, United States Code) requires 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.” (For works first published only in a country other than the United States, the law requires the deposit of the work as first published.) b. 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. c. Where differences between editions represent variations in copyrightable content, each edition is a separate version and “best edition” standards based on such differences do not apply. Each such version is a separate work for the purpose of the copyright law. d. The criteria to be applied in determining the best edition of each of several types of material are listed below 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. 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. e. Under regulations of the Copyright Office, potential depositors 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), by requesting “special relief” from the deposit requirements. All requests for special relief should be in writing and should state the reason(s) why the applicant cannot send the required deposit and what the applicant wishes to submit instead of the required deposit. I. Printed Textual Matter A. Paper, Binding, and Packaging: 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. In the case of looseleaf materials, this includes the submission of all binders and indexes when they are part of the unit as published and offered for sale or distribution. Additionally, the regular and timely receipt of all appropriate looseleaf updates, supplements, and releases including supplemental binders issued to handle these expanded versions, is part of the requirement to properly maintain these publications. 9. Slip-cased rather than nonslip-cased. 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 without. 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 × 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. III. Motion Pictures Film medium is considered a better quality than any other medium. The formats under “film” and “video formats” are listed in descending order of preference: A. Film: 1. Preprint material, by special arrangement. 2. 70 mm positive print, if original production negative is greater than 35 mm. 3. 35 mm positive prints. 4. 16 mm positive prints. B. Video Formats: 1. Betacam SP. 2. Digital Beta (Digibeta). 3. DVD. 4. VHS 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 special 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. 3. Rolled rather than folded. 4. With protective coatings rather than without. V. Phonorecords A. Compact digital disc rather than a vinyl disc. B. Vinyl disc rather than tape. C. With special enclosures rather than without. D. Open-reel rather than cartridge. E. Cartridge rather than cassette. F. Quadraphonic rather than stereophonic. G. True stereophonic rather than monaural. H. 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 requirement is reduced to full score only.) ii. Conductor's score and parts, if any, rather than condensed score and parts, if any. (In cases of compositions 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 requirement is reduced to full score only.) b. Conductor's score and parts, if any, rather than condensed score and parts, if any. (In cases of compositions 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. 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 cassetes. 3. Microfilm cassettes rather than micro-opaque prints. E. Size: 1. 35 mm rather than 16 mm. VIII. Machine-Readable Copies A. Computer Programs: 1. With documents and other accompanying material rather than without. 2. Not copy-protected rather than copy-protected (if copy-protected then with a backup copy of the disk(s)). 3. Format: a. PC-DOS or MS-DOS (or other IBM compatible formats, such as XENIX): (i) 5 1/4 (ii) 3 1/2 (iii) Optical media, such as CD-ROM—best edition should adhere to prevailing NISO standards. b. Apple Macintosh: (i) 3 1/2 (ii) Optical media, such as CD-ROM—best edition should adhere to prevailing NISO standards. B. Computerized Information Works, Including Statistical Compendia, Serials, or Reference Works: 1. With documentation and other accompanying material rather than without. 2. With best edition of accompanying program rather than without. 3. Not copy-protected rather than copy-protected (if copy-protected then with a backup copy of the disk(s)). 4. Format: a. PC-DOS or MS-DOS (or other IBM compatible formats, such as XENIX): (i) Optical media, such as CD-ROM—best edition should adhere to prevailing NISO standards. (ii) 5 1/4 (iii) 3 1/2 b. Apple Macintosh: (i) Optical media, such as CD-ROM—best edition should adhere to prevailing NISO standards. (ii) 3 1/2 IX. Electronic-Only Works Published in the United States and Available Only Online The following encodings are listed in descending order of preference for all deposits in all categories below: 1. UTF-8. 2. UTF-16 (with BOM). 3. US-ASCII. 4. ISO 8859. 5. All other character encodings. A. Electronic-Only Serials: 1. Content Format: a. Serials-specific structured/markup format: i. Content compliant with the NLM Journal Archiving (XML) Document Type Definition (DTD), with presentation stylesheet(s), rather than without NISO JATS: Journal Article Tag Suite (NISO Z39.96-201x) with XSD/XSL presentation stylesheet(s) and explicitly stated character encoding. ii. Other widely used serials or journal XML DTDs/schemas, with presentation stylesheet(s), rather than without. iii. Proprietary XML format for serials or journals (with documentation), with DTD/schema and presentation stylesheet(s), rather than without. b. Page-oriented rendition: i. PDF/UA (Portable Document Format/Universal Accessibility; compliant with ISO 14289-1). ii. PDF/A (Portable Document Format/Archival; compliant with ISO 19005). iii. PDF (Portable Document Format, with searchable text, rather than without; highest quality available, with features such as searchable text, embedded fonts, lossless compression, high resolution images, device-independent specification of colorspace; content tagging; includes document formats such as PDF/X). c. Other structured or markup formats: i. Widely-used serials or journal non-proprietary XML-based DTDs/schemas with presentation stylesheet(s). ii. Proprietary XML-based format for serials or journals (with documentation) with DTD/schema and presentation stylesheet(s). iii. XHTML or HTML, with DOCTYPE declaration and presentation stylesheet(s). iv. XML-based document formats (widely used and publicly documented). With presentation stylesheets, if applicable. Includes ODF (ISO/IEC 26300) and OOXML (ISO/IEC 29500). d. PDF (web-optimized with searchable text). e. Other formats: i. Rich text format. ii. Plain text. iii. Widely-used proprietary word processing or page-layout formats. iv. Other text formats not listed here. 2. Metadata Elements: If included with published version of work, descriptive data (metadata) as described below should accompany the deposited material: a. Title level metadata: serial or journal title, ISSN, publisher, frequency, place of publication. b. Article level metadata, as relevant/or applicable: volume(s), number(s), issue dates(s), article title(s), article author(s), article identifier (DOI, etc.). c. With other descriptive metadata (e.g., subject heading(s), descriptor(s), abstract(s)), rather than without. 3. Completeness: a. All elements considered integral to the publication and offered for sale or distribution must be deposited—e.g., articles, table(s) of contents, front matter, back matter, etc. Includes all associated external files and fonts considered integral to or necessary to view the work as published. b. All updates, supplements, releases, and supersessions published as part of the work and offered for sale or distribution must be deposited and received in a regular and timely manner for proper maintenance of the deposit. 4. Technological measures that control access to or use of the work should be removed. B. Electronic-Only Books: 1. Content Format: a. Book-specific structured/markup format, i.e., i. BITS-compliant (NLM Book DTD). ii. EPUB-compliant. iii. Other widely-used book DTD/schemas (e.g., TEI, DocBook, etc.). b. Page-oriented rendition: i. PDF/UA (Portable Document Format/Universal Accessibility; compliant with ISO 14289-1). ii. PDF/A (Portable Document Format/Archival; compliant with ISO 19005). ii. PDF (Portable Document Format; highest quality available, with features such as searchable text, embedded fonts, lossless compression, high resolution images, device-independent specification of colorspace; content tagging; includes document formats such as PDF/X). c. Other structured markup formats: i. XHTML or HTML, with DOCTYPE declaration and presentation stylesheet(s). ii. XML-based document formats (widely-used and publicly-documented), with presentation style sheet(s) if applicable. Includes ODF (ISO/IEC 26300) and OOXML (ISO/IEC 29500). iii. SGML, with included or accessible DTD. iv. Other XML-based non-proprietary formats, with presentation stylesheet(s). v. XML-based formats that use proprietary DTDs or schemas, with presentation stylesheet(s). d. PDF (web-optimized with searchable text). e. Other formats: i. Rich text format. ii. Plain text. iii. Widely-used proprietary word processing formats. iv. Other text formats not listed here. 2. Metadata Elements: If included with published version of work, descriptive data (metadata) as described below should accompany the deposited material: a. As supported by format (e.g., standards-based formats such as ONIX, XMP, MODS, or MARCXML either embedded in or accompanying the digital item): title, creator, creation date, place of publication, publisher/producer/distributor, ISBN, contact information. b. Include if part of published version of work: language of work, other relevant identifiers (e.g., DOI, LCCN, etc.), edition, subject descriptors, abstracts. 3. Rarity and Special Features: a. Limited editions (including those with special features such as high resolution images.) b. Editions with the greatest number of unique features (such as additional content, multimedia, interactive elements.) 4. Completeness: a. For items published in a finite number of separate components, all elements published as part of the work and offered for sale or distribution must be deposited. Includes all associated external files and fonts considered integral to or necessary to view the work as published. b. All updates, supplements, releases, and supersessions published as part of the work and offered for sale or distribution must be submitted and received in a regular and timely manner for proper maintenance of the deposit. 5. Technological Protection Measures: a. Copies published in formats that do not contain technological measures controlling access to or use of the work. b. Copies published with technological measures that control access to or use of the work, and for which the owner has elected to remove such technological measures. c. Copies otherwise provided in a manner that meets the requirements of § 202.24(a)(5). X. Works Existing in More Than One Medium Editions are listed below in descending order of preference. A. Newspapers, dissertations and theses, newspaper-formatted serials: 1. Microform. 2. Printed matter. B. All other materials: 1. Printed matter. 2. Microform. 3. Phonorecord. [54 FR 42299, Oct. 16, 1989, as amended at 62 FR 51603, Oct. 2, 1997; 69 FR 8822, Feb. 26, 2004; 75 FR 3869, Jan. 25, 2010; 82 FR 9362, Feb. 6, 2017; 83 FR 61550, Nov. 30, 2018; 85 FR 71837, Nov. 12, 2020]

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