Chapter 800
DEPOSIT FOR REGISTRATION
Outline of Topics
801 Applicability of this chapter.
802 Statutory provisions.
803 Quantity and content of material deposited: in general.
804 Unpublished works.
804.01 Unpublished works: the meaning of "complete."
804.02 Unpublished works: nature of copy.
805 Published works.
805.01 Published works: number of copies or phonorecords.
805.02 Published works: the meaning of "complete."
805.03 The meaning of "best edition."
806 Quantity and content of material deposited: special
situations.
806.01 Works reproduced in or on three-dimensional objects.
806.02 Oversize copies.
806.03 Holograms.
806.04 Unpublished pictorial or graphic works.
806.05 pictorial or graphic works published in certain
limited editions.
806.06 Published commercial prints or labels.
806.07 Published tests and answer material.
806.08 Secure tests.
806.09 pictorial or graphic works reproduced in or on
sheetlike materials.
806.10 pictorial or graphic works reproduced on sheet-
like materials published only in or on three-
dimensional objects.
806.11 Separate registration for work embodied only in
a motion picture sound track.
806.12 Machine-readable works.
806.13 Motion pictures.
-1 -
[1984]
Chapter 800
DEPOSIT FOR REGISTRATION
Outline of Topics -2 –
807 Motion picture Agreement.
807.01 Who may enter into the Agreement.
807.02 Who may sign the Agreement.
807.03 Return of deposit copy under the Agreement.
807.04 Recall of the deposit copy under the Agreement.
807.05 Quality of copy deposited under the Agreement.
807.06 Supplemental property Agreement.
807.07 Termination of the Motion picture Agreement.
808 Special relief from the deposit requirements for
registration.
808.01 Special relief: in general.
808.02 Special relief: criteria.
808.03 Special relief: procedures.
808.04 Special relief: continuous or ongoing grants.
809 Relationship of deposit for registration to mandatory
deposit under 17 U.S.C. 407.
810 Appendix.
[1984]
Chapter 800
DEPOSIT FOR REGISTRATION
801 Applicability of this chapter. The provisions of
this chapter are applicable to works for which an
application for copyright registration is made on
or after January 1, 1978.
802 Statutory provisions. At any time during the sub-
sistence of copyright in any published or unpub-
lished work, the owner of copyright or of any
exclusive right in the work may apply for regis-
tration of the copyright claim by delivering to
the Copyright Office the application and fee
specified by sections 409 and 708 of the copyright
law (see Chapter 700: APPLICATIONS AND FEES),
along with the deposit specified in section 408 of
the copyright law and explained in this chapter.
See 17 U.S.C. 408(a). Except as modified by the
copyright Office Regulations adopted pursuant to
the provisions of 17 U.S.C. 408{c), the deposit
for registration shall consist of:
1) For an unpublished work, one complete copy or
phonorecord;
2) For a work first published in the United States
before January I, 1978, two complete copies or
phonorecords of the work as first published;
3) For a work first published in the United States
on or after January I, 1978, two complete copies
or phonorecords of the best edition;
4) For a work first published outside the united
States, one complete copy or phonorecord as so
Published;
5) For a contribution to a collective work, one
complete copy or phonorecord of the best edition
of the collective work.
See 17 U.S.C. 408(b).
800-1
[1984]
800-2
802 Statutory provisions. (cont'd)
NOTE: The Register of Copyrights is authorized by
the law to specify by regulation the administrative
classes into which works are to be placed for pur-
poses of deposit and registration and the nature of
the copies or phonorecords to be deposited in the
various classes specified. The regulations may
require or permit the deposit of identifying material
instead of copies or phonorecords, the deposit of
only one copy or phonorecord where two would normally
be required, or a single registration and an atten-
dant deposit for a group of related works. See 17
U.S.C. 408(c)(1). The Register is directed by the
law to establish regulations specifically permitting,
under certain conditions, a single registration for
a group of contributions to periodicals by the same
author published within a twelve-month period. See
17 U.S.C. 408(c)(2).
803 Quantity and content of material deposited: in gen-
eral. The statute authorizes the Register of Copy-
rights to specify by regulation the quantity and
content of the material to be deposited. The regu-
lations lessen the requirements in many cases by
reducing the necessary deposit for published works
from two copies or phonorecords to one, by permitting
the deposit of identifying material instead of a copy
or phonorecord, and by providing for specially
tailored relief from the deposit requirements in
cases of unnecessary hardship or in unusual circum-
stances, through the mechanism of "special relief."
These regulations also require, in some cases, the
deposit of identifying material instead of the
copy or phonorecord otherwise required. Exceptions
to the basic deposit requirements are explained in
detail in sections 804 through 806 below.
803 Quantity and content of material deposited: in general. The statute requires for
unpublished works that one copy or phonorecord be
deposited, and that the single copy or phonorecord
be "complete." See 17 U.S.C. 408(b)(1).
804.01 Unpublished works: the meaning of "complete."
Generally, the requirement that an unpublished
copy or phonorecord be "complete" means that
[1984]
800-3
804 Unpublished works. (cont’d)
804.01 Unpublished works: the meaning of "complete."
(cont'd)
it must embody the entire copyrightable content
of the work for which registration is sought.
See 37 C.F.R. 202.20(b)(2)(i). For unpublished
motion pictures, the deposit regulations give the
term "complete" a special meaning as set forth in
section 806.13(a) below.
804.02 Unpublished works: nature of copy. The
general rule that only one complete copy is
required is modified for certain types of
works. For some works, identifying material
mayor must be substituted for the actual copy
required. In other cases, additional material
must accompany the single copy deposited. The
special requirements for each specific type of
work are explained later in this chapter, at
the sections cited below.
804.02(a) Identifying material. If the following are
unpublished, identifying material mayor must
be submitted:
1) Certain pictorial and graphic works
(see sections 806.04 and 806.05
below);
2) Machine-readable works such as com-
puter programs and data bases (see
section 806.12 below);
3) Works on sheetlike materials (see
sections 806.09 and 806.10 below):
4) Three-dimensional works (see section
806.01 below);
5) Works as embodied in a motion picture
sound track (see section 806.11 below);
6) Oversize copies of any type (see sec-
tion 806.02 below);
7) Motion pictures (see sections 804.02(b)
and 806.13(a) below).
[1984]
800-4
804 Unpublished works. (cont'd)
804.02 Unpublished works: nature of copy. (cont'd)
804.02(b) Additional material. The following are
unpublished works for which the deposit of
a single copy must be accompanied by addi-
tional material of some kind:
I) Motion pictures (see section 806.13
below);
2) Holograms (see section 806.03 below).
805 Published works. Three general requirements apply
to the deposit of works first published in the United
States: (I) two copies or phonorecords must be
deposited: (2) the copies or phonorecords must be
"complete": and (3) the copies or phonorecords
must be the "best edition" of the work, as defined
by the statute. See 17 U.S.C. 408(b)(2).
805.01 Published works: number of copies or phono-
records. Although two copies or phonorecords
are generally required for registration of
published works, the statute empowers the
Register of Copyrights to specify that the
deposit shall be one copy or phonorecord for
particular types of works. See 17 U.S.C.
408(c)(I). The deposit regulations (37 C.F.R.
202.20(c)(2)(iª state that the deposit of
only one copy or phonorecord will suffice in
lieu of two copies or phonorecords for certain
works:
1) Published three-dimensional cartographic
representations of area, such as globes
and relief models;
2) Published diagrams illustrating scientific
or technical works or formulating scien-
tific or technical information in linear
or other two-dimensional form, such as an
architectural or engineering blueprint, or
a mechanical drawing;
3) Published greeting cards, picture postcards,
and stationery;
[1984]
800-5
805 Published works. (cont'd)
805.01 Published number of copies or phono-
records.
4) Lectures, sermons, speeches, and addresses
published individually, and not as a col-
lection of the works of one or more authors;
5) Published contributions to a collective
work;
6) Musical compositions published in copies
only or in both copies and phonorecords,
if the only publication of copies took
place by rental, lease, or lending;
7) Published multimedia kits which are pre-
pared for use in systematic instructional
activities and which include literary
works, audiovisual works, sound record-
ings, or any combination of such works;
8) Works consisting of multiple parts that are
packaged and published in a flat-sided box or
similar container, of no more than 12 by 24
by 6 inches, and that include among the copy-
rightable elements of the work, in addition
to any copyrightable element on the box or
other container, three or more three-dimen-
sional, physically separable parts. See 37
C.F.R. 202.20(c)(2)(i)(H), 37 C.F.R. 202.20
(c)(2)(ix)(B)(5), and section 806.01(a)(4)
below and
9) Motion pictures.
805.02 Published works: the meaning of “complete”.
In general, the requirement that published
copies or phonorecords be "complete" means
that they should be physically undamaged and
include all elements of the applicable unit
of publication of the work, including elements
that, if considered separately, would not be
copyrightable subject matter. See 37 C.F.R.
202.20(b)(2)(ii).
[1984]
800-6
Published works. (cont'd)
805.02 Published works: the meaning of "complete".
(cont'd)
805.02(a) Complete copies: missing parts. Where
certain physically separable elements are
missing from the deposit, a copy or phono-
record will still be accepted as a complete
copy, if:
1) All the parts of the work for which
registration is sought are present; and
2) The removal of the missing elements did
not physically damage the copy or phono-
record or garble its contents; and
3) The work is exempt from mandatory deposit
under section 407 of the copyright law
(see 17 U.S.C. 407, and 37 C.F.R. 202.19
(c)) or the copy deposited consists entirely
of a container, wrapper, or holder which
is exempt from the identifying material
requirements because it can be stored
flat. See section 806.01 (a) below.
805.02(b) Complete copies: special situations. In
particular situations, the deposit regula-
tions give a special definition of the word
"complete" when it applies to certain pub-
lished works.
805.02(b)(I) Contributions to collective works. A
complete copy or phonorecord of a pub-
lished contribution to a collective work
is either the entire collective work, in-
cluding the contribution or, if the col-
lective work is a newspaper, the entire
section of the paper which includes the
contribution. See 37 C.F.R. 202.20(b)
(2)(iii).
[1984]
800-7
805 Published works. (cont'd)
805.02 Published works: the meaning of "complete."
(cont'd)
805.02(b) Complete copies: special situations.
(cont'd)
805.02(b)(2) Published sound recordings. In the case
of a published sound recording, a com-
plete phonorecord includes the phono-
record and any visually perceptible
material which is published with it, such
as text or pictorial matter on album
covers on record sleeves, or leaflets or
booklets included in an album. See 37
C.F.R.202.20(b)(2)(iv).
Example:
A phonorecord is published with an
album cover, a sleeve with text, and
a poster picturing the performing
artist. The complete deposit of the
sound recording is the phonorecord
plus all the additional material
described above as the unit of
publication.
805.02(b)(3) Music published only by rental lease, or
lending. In the case of a musical compo-
sition published in copies only, or in
both copies and phonorecords, if the only
publication of copies took place by the
rental, lease, or lending of a full score
and parts, a full score is a complete
copy; and if the only publication of
copies took place by the rental, lease,
or lending of a conductor's score and
parts, a conductor's score is a complete
copy. See 37 C.F.R. 202.20(b)(2)(v).
805.02(b)(4) Motion pictures. A special definition of
"complete" applies to published motion
pictures. A copy of a motion picture is
complete if:
[1984]
800-8
Published works. (cont'd)
805.02 Published works: the meaning of "complete."
(cont'd)
805.02(b) Complete copies: special situations.
(cont'd)
805.02(b)(4) Motion pictures. (cont'd)
-- the reproduction of all of the visual
and aural elements constituting the
copyrightable subject matter in the
work is clean, undamaged, undeterio-
rated, and free of splices, and
-- the copy itself and its physical
housing are free of any defects that
would interfere with the performance
of the work or that would cause me-
chanical, visual, or audible defects
or distortions. See section 806.13
below.
805.03 The meaning of "best edition." The copyright
law generally requires that a deposit of a
published work be the "best edition" of the work.
See 17 U.S.C. 408(b)(2) .The "best edition" of a
published work is "the edition, published in the
United States at any time before the date of
deposit, that the Library of Congress determines
to be most suitable for its purposes." See 17
U.S.C. 101.
805.03(a) Library of Congress statement of policy. The
Library of Congress has published a policy
statement entitled "Best Edition of Published
Copyrighted Works for the Collections of the
Library of Congress" (referred to hereinafter
as the "Best Edition Statement" or the
"Statement"). This policy statement is not a
part of the copyright statute, nor is it a
Copyright Office regulation. It expresses,
by listing the criteria for choosing among
several editions of a work, part of the
current acquisitions policies of the Library
of Congress with respect to certain works.
[1984]
800-9
805 Published works. (cont'd)
805.03 The meaning of "best edition." (cont'd)
805.03(a) Library of Congress statement of policy.
(cont'd)
Examples:
1) In 1978, a copyright owner publishes a
novel in both paperback and hardback
editions. There was no difference in the
content of the book between the paperback
and the hardback. The Best Edition State-
ment was used to choose between the two.
According to the criteria listed in the
Best Edition Statement, the hardback was
determined to be the best edition.
2) In 1980, a copyright owner published an
architectural treatise on ordinary paper
and on archival quality paper. According
to the criteria specified in the Best
Edition Statement, the archival quality
paper was chosen as the best edition.
NOTE: The text of the "Best Edition of pub-
lished Copyrighted Works for the Collections
of the Library of Congress" may be found in
the Appendix to this chapter.
805.03(b) If no specific criteria in Best Edition
Statement. Where no specific criteria for
selection of the best edition are included
in the Best Edition statement for a given
work, and where the Copyright Office is aware
that two or more editions of a work have been
published, the Office will consult with appro-
priate officials in the Library of Congress.
Example:
Where an audiovisual work was published
in two editions, one on a filmstrip and
the other as a set of slides, the Office
will consult with appropriate officials
in the Library of Congress, since this
situation is not covered in the Best
Edition Statement.
[1984]
800-10
805 Published works. (cont'd)
805.03 The meaning of "best edition." (cont'd)
805.03(c) Difference in copyrightable content. Where
there is a difference in copyrightable con-
tent between two or more editions of a work,
each edition which contains new copyrightable
authorship is subject to separate deposit and
registration. Consequently, the Best Edition
Statement, based on such differences, does
not apply.
Example:
In 1978, a copyright owner published a
novel in hardback without annotations,
and later published the novel in hardback
with extensive annotations. In this
case, new copyrightable matter was added
to the second book. Thus, the second
book is considered a separate work for
purposes of deposit and registration, and
therefore the Best Edition Statement,
based on such differences, does not
apply.
805.03(d) Exceptions to the requirement of the best
edition. There are two important exceptions
to the general requirements of the best edi-
tion explained above. These exceptions are
for works first published before January 1,
1978, but submitted for registration after
that date, and works first published outside
the United States, whenever published.
805.03(d)(1) A work first published in the United
States before January 1, 1978. Generally
the required deposit-for any work which
was first published in the United States
before January 1, 1978, is two complete
copies or phonorecords of the work as
first published. See 37 C.F.R. 202:20
(c)(l)(ii).
[1984]
800-11
805 Published works. (cont'd)
805.03 The meaning of "best edition." (cont'd)
805.03(d) Exceptions to the requirement of the best
edition. (cont'd)
805.03(d)(2) A work first published outside the United
States at any time. Generally, the re-
quired deposit for works first published
outside the United States, whenever pub-
lished, is one complete copy or phono-
record of the work as first published.
See 37 C.F.R. 202.20(c)(1)(iv).
805.03(d)(3) Works first published simultaneously
within and outside the United States. If
a work was first published simultaneously
within and outside the United States, it
is considered, for the purposes of this
section, to have been first published in
the United States. See 37 C.F.R. 202.20
(c)(l)(iv).
NOTE: "First published simultaneously,"
for this purpose, means first published
on the same date.
806 Quantity and content of material deposited: special
situations. The following are special situations
with respect to the quantity and content of material
deposited for registration.
806.01 Works reproduced in or on three-dimensional
objects. In the case of works reproduced in or on
three-dimensional objects, identifying material
is required as a deposit.
806.01(a) Works reproduced in or on three-dimensional
objects: when this modification applies.
Identifying material must be submitted
instead of a copy or copies when the deposit
would ordinarily be a three-dimensional
sculptural work. Examples are statues,
carvings, ceramics, and models. This
requirement applies to both unpublished and
published works. Subject to the exceptions
[1984]
800-12
806 Quantity and content of material deposited: special
situations. (cont'd)
806.01 Works reproduced in or on three-dimensional
objects. (cont'd)
806.01(a) Works reproduced in or on three-dimensional
objects: when this modification applies.
(cont'd)
below, the requirement also applies to any
two-dimensional or three-dimensional work
which has been fixed (if unpublished) or
published only in the form of jewelry, toys,
dolls, games, or any three-dimensional useful
articles. See 37 C.F.R. 202.20(c)(2)(ix)(A).
NOTE: The following are exceptions to the
general requirements of submitting identi-
fying material instead of an actual copy or
copies:
1) Works that are reproduced by intaglio or
4relief printing methods on two-dimen-
sional materials such as paper or fabrics.
2) Three-dimensional cartographic represen-
tations of area, such as globes and
relief models. In the case of a globe,
one actual copy of the three-dimensional
globe, and the stand or any material pub-
lished with it, is the complete deposit.
3) Works that have been fixed or published
in or on a useful article which is one of
the elements of the unit of publication
of a multimedia kit (an educational or
instructional kit which also includes a
literary or audiovisual work, a sound
recording, or any combination of such
works). See 37 C.F.R. 202.20(c)(ix)
(B)(3).
4) Works consisting of multiple parts that
are packaged and published in a flat-
sided box or similar container, of no
more than 12 by 24 by 6 inches, and that
[1984]
800-13
806 Quantity and content of material deposited: special
situations. (cont'd)
806.01 Works reproduced in or on three-dimensional
objects. (cont'd)
806.01(a) Works reproduced in or on three-dimensional
objects: when this modification applies.
(cont'd)
NOTE: (cont'd)
4) (cont'd)
include among the copyrightable elements
of the work, in addition to any copy-
rightable element on the box or other
container, three or more three-dimen-
sional, physically separable parts.
5) Works reproduced on three-dimensional
containers which are capable of flat
storage and which, when opened, slit, or
folded, do not exceed 96 inches in any
dimension. The container must be capable
of being flattened in such a way that the
copyrightable material on the container
is not damaged.
806.01(b) Works reproduced in or on three-dimensional
objects: what must be deposited. When
identifying material is required, it must
comply with the specifications below. See 37
C.F.R. 202.21.
806.01(b)(1) Type of material. Identifying material
consists of a two-dimensional reproduc-
tion or rendering of the work in some
form which is visually perceivable with-
out the aid of a machine or device. The
identifying material may consist of photo-
graphic prints, transparencies, photo-
copies, drawings, or a similar rendering
of the work.
[1984]
800-14
806 Quantity and content of material deposited: special 4
situations. (cont'd)
806.01 Works reproduced in or on three-dimensional
objects. (cont'd)
806.01(b) Works reproduced in or on three-dimensional
objects: what must be deposited. cont'd
806.01(b)(2) Number of pieces. One set, of as many
pieces as are necessary to show clearly
the entire copyrightable content of the
work for which registration is sought, is
required.
806.01(b)(3) Content of pieces.
* Copyrightable content. The identi-
fying material must clearly show the
entire copyrightable content of the
work for which registration is sought.
* Copyright notice. In the case of
works published with notice of copy-
4right, the notice and its position on
the work must be clearly shown on at
least one piece of identifying mate-
rial. Such piece shall show the exact
appearance and content of the notice,
and its specific position on the work.
Where necessary because of the size
or position of the notice, a separate
drawing or similar reproduction shall
be submitted.
* Title and dimensions. At least one
piece of identifying material must
indicate, on its front, back, or
mount, the title of the work, and an
exact measurement of one or more
dimensions of the work.
* Image size. Generally, except in the
case of photographic transparencies, the
image of the work must be lifesize or
larger. However, if less than lifesize,
the image must be large enough to show
clearly the entire copyrightable con-
tent of the work.
[1984]
800-15
806 Quantity and content of material deposited: special
situations. (cont'd)
806.01 Works reproduced in or on three-dimensional
objects. (cont'd)
806.01(b) Works reproduced in or on three-dimensional
objects: what must be deposited. (cont'd)
806.01(b)(3) Content of pieces. (cont'd)
* Color. Generally, the identifying
material may be in black and white or
may consist of a reproduction of the
actual colors of the work. However,
if the work reproduced in or on the
three-dimensional object is pictorial
or graphic, the identifying material
must reproduce the actual colors
employed in the work.
806.01(b)(4) Size of pieces.
* Uniform size. All pieces, except
separate drawings or similar repro-
ductions of the copyright notice, must
be of uniform size.
* Photographic transparencies. Photo-
graphic transparencies must be at least
35mm in size, and if 3 by 3 inches or
less, they must be mounted in card-
board, plastic, or similar mounts to
facilitate identification, handling,
and storage. If the transparencies
are larger than 3 by 3 inches, the
Copyright Office prefers that they be
mounted for easy handling, and may
require such mounting in particular
cases.
* All pieces except photographic trans-
parencies. The preferred size for all
pieces except photographic transpar-
encies is 8 by 10 inches, but in no
case may a piece be smaller than 3 by
3 inches or larger than 9 by 12 inches.
[1984]
800-16
806 Quantity and content of material deposited: special
situations. (cont'd)
806.02 Oversize copies. In the case of any copy which
is oversize, identifying material is required as
a deposit.
806.02(a) Oversize copies: when this requirement applies.
Identifying material must be submitted in lieu
of an actual copy or copies whenever any
single dimension of a deposit otherwise
required under the regulations is larger than
96 inches. See 37 C.F.R. 202.20(c)(2)(ix).
806.02(b) Oversize copies: what must be deposited.
When identifying material is required, it
must comply with the specifications below.
See 37 C.F.R. 202.21.
806.02(b)(1) Type of material. Identifying material
consists of a two-dimensional reproduction
or rendering of the work in some form which
is visually perceived without the aid of
a machine or device. The identifying
material may consist of photographic
prints, transparencies, photocopies,
drawings, or a similar rendering of the
work.
806.02(b)(2) Number of pieces. One set, of as many
pieces as are necessary to show clearly
the entire copyrightable content of the
work for which registration is sought, is
required.
806.02(b)(3) Content of pieces.
* Copyrightable content. The identi-
fying material must clearly show the
entire copyrightable content of the
work for which registration is sought.
* Copyright notice. In the case of works
published with notice of copyright, the
notice and its position on the work must
be clearly shown on at least one piece
of identifying material. Such piece
(1984]
800-17
806 Quantity of material deposited: special
situations. (cont’d)
806.02 Oversize copies. (cont'd)
806.02(b) Oversize copies: what must be deposited.
(cont'd)
806.02(b)(3) Content of pieces. (cont'd)
* Copyright notice. (cont'd)
shall show the exact appearance and con-
tent of the notice, and its specific
position on the work. Where necessary
because of the size or position of the
notice, a separate drawing or similar
reproduction shall be submitted.
* Title and dimension. At least one
piece of identifying material must
indicate, on its front, back, or mount,
the title of the work, and an exact
measurement of one or more dimensions
of the work.
* Image size. Generally, except in the
case of photographic transparencies, the
image of the work must be lifesize or
larger. However, if less than life-
size, the image must be large enough
to show clearly the entire copyright-
able content of the work.
* Color. Generally, the identifying
material may be in black and white or
may consist of a reproduction of the
actual colors of the work. However,
if the work reproduced in or on the
three-dimensional object is pictorial
or graphic, the identifying material
must reproduce the actual colors
employed in the work.
[1984]
800-18
806 Quantity of material deposited: special
situations. (cont’d)
806.02 Oversize copies.
806.02(b) Oversize copies: what must be deposited.
(cont'd)
806.02(b)(4) Size of pieces.
* Uniform size. All pieces, except
separate drawings or similar repro-
ductions of the copyright notice, must
be of uniform size.
* Photographic transparencies. Photo-
graphic transparencies must be at
least 35mm in size. If the trans-
parencies are 3 by 3 inches or less,
they must be mounted in a way that
makes them easy to handle and pre-
serve and the Copyright Office may
require such mounting in particular .
cases.
* All pieces except photographic trans-
parencies. The preferred size for all.
pieces except photographic transpar-
encies is 8 by 10 inches, but in no
case may a piece be smaller than 3 by
3 inches or larger than 9 by 12 inches.
806.03 Holograms. In the case of any work deposited
in the form of a hologram, identifying material
which complies with the specifications below must
be submitted with the required copy or copies of
the hologram. See 37 C.F.R. 202.20(c)(2)(iii).
806.03(a) Holograms: when this modification applies. This requirement applies to both unpublished and published holograms.
[1984]
800-19
806 Quantity of material deposited: special
situations. (cont’d)
806. 03 Holograms. (cont’d)
806.03(b) Holograms: what must be deposited. In addi-
tion to the copy or copies required to be
deposited for registration, there shall also
be deposited for each such copy one set of
additional items. The sets shall consist of
the following: (1) precise instructions for
displaying the image fixed in the hologram:
and (2) identifying material which clearly
shows the displayed image and complies with
the requirements set forth below.
806.03(b)(1) Type of material. Identifying material
consists of a two-dimensional reproduction
or rendering of the work in some form which
is visually perceivable without the aid
of a machine or device. The identifying
material may consist of photographic
prints, transparencies, photocopies,
drawings, or a similar rendering of the
work.
806.03(b)(2) Number of pieces. As many pieces as are
necessary to show clearly the displayed
image are required.
806.03(b)(3) Content of pieces.
* Copyrightable content. The identi-
fying material must clearly show the
displayed image.
* Copyright notice. In the case of
holograms published with notice of
copyright, the notice and its position
on the hologram must be clearly shown
on at least one piece of identifying
material. Such piece shall show the
exact appearance and content of the
notice on the hologram, and its
specific position on the hologram.
[1984]
800-20
806 Quantity and content of material deposited: special
situations. (cont'd)
806.03 Holograms. (cont'd)
806.03(b) Holograms: what must be deposited. (cont'd)
806.03(b)(3) Content of pieces. (cont'd)
* Copyright notice. (cont'd)
Where necessary because of the size or
position of the notice, a separate
drawing or similar reproduction shall
be submitted.
* Title. At least one piece of identi-
fying material must indicate, on its
front, back, or mount, the title of
the work.
* Image size. The identifying material
must be large enough to show clearly
the displayed image.
806.03(b)(4) Size of pieces.
* Uniform size. All pieces must be of
uniform size.
* Photographic transparencies. Photo-
graphic transparencies must be at
least 35mm in size. If the trans-
parencies are 3 by 3 inches or less,
they must be mounted a way that
makes them easy to handle and pre-
serve; and the Copyright Office may
require such mounting in particular
cases.
* All pieces except photographic trans-
parencies. The preferred size for all
pieces except photographic transparen-
cies is 8 by 10 inches, but in no case
may a piece be smaller than 3 by 3
inches or larger than 9 by 12 inches.
[1984]
800-21
806 Quantity and content of material deposited: special
situations. (cont'd)
806.04 Unpublished pictorial or graphic works. Identi-
fying material may be deposited instead of an
actual copy for all unpublished pictorial or
graphic works.
806.04(a) Unpublished pictorial or graphic works: when
this modification applies: This provision
applies to all unpublished pictorial or
graphic works.
806.04(b) Unpublished pictorial or graphic works: what
must be deposited. Identifying material for
unpublished works is material which complies
with the specifications given below.
806.04(b)(1) Type of material. Identifying material
consists of a two-dimensional reproduction
or rendering of the work in some form
which is visually perceivable without the
aid of a machine or device. The identi-
fying material may consist of photo-
graphic prints, transparencies, photo-
copies, drawings, or a similar rendering
of the work.
806.04(b)(2) Number of pieces. One set, of as many
pieces as are necessary to show clearly
the entire copyrightable content of the
work for which registration is sought, is
required.
806.04(b)(3) Content of pieces.
* Copyrightable content. The identi-
fying material must clearly show the
entire copyrightable content of the
work for which registration is sought.
* Title and dimensions. At least one
piece of identifying material must
indicate, on its front, back, or mount,
the title of the work, and an exact
measurement of one or more dimensions
of the work.
[1984]
800-22
806 Quantity and content of material deposited: special
situations. (cont'd)
806.04 Unpublished pictorial or graphic works. (cont'd)
806.04(b) Unpublished pictorial or graphic works: what
must be deposited. (cont'd)
806.04(b)(3) Content of pieces. (cont'd)
* Image size. Generally, except in the
case of photographic transparencies,
the image of the work must be lifesize
or larger. However, if less than
lifesize, the image must be large
enough to show clearly the entire
copyrightable content of the work.
* Color. The identifying material must
reproduce the actual colors employed
in the work.
806.04(b)(4) Size of pieces.
* Uniform size. All pieces except sepa-
rate drawings or similar reproductions
of the copyright notice, if any, must
be of uniform size.
* Photographic transparencies. Photo-
graphic transparencies must be at
least 35rnm in size. If the transpar-
encies are 3 by 3 inches or less, they
must be mounted in a way that makes
them easy to handle and preserve: and
the Copyright Office may require such
mounting in particular cases.
* All pieces except photographic trans-
parencies. The preferred size for all
pieces except photographic transpar-
encies is 8 by 10 inches, but in no
case may a piece be smaller than 3 by
3 inches or larger than 9 by 12 inches.
[1984]
800-23
806 Quantity and content of material deposited: special
situations. (cont'd)
806.05 pictorial or graphic works published in certain
limited editions: The deposit of either one-
complete copy of the work or identifying material
complying with the specifications given below may
be made in the case of pictorial or graphic
works published in certain limited editions. See
37 C.F.R. 202.20(c)(2)(iv).
806.05(a) pictorial or graphic works published in
certain limited editions: when this modifi-
cation applies. This modification applies-to
published pictorial or graphic works only if
the individual author is the owner of copy-
right in the work, and either: (1) less than
five copies of the work have been published,
or (2) the work has been published and sold
or offered for sale in a limited edition
consisting of no more than 300 numbered
copies.
806.05(b) pictorial or graphic works published in
certain limited editions: what must be
deposited. The applicant may deposit either
one complete copy of the work or identifying
material which complies with the specifica-
tions given below. NOTE: It is not neces-
sary that the copy deposited be one of the
numbered copies of the limited edition.
806.05(b)(1) Type of material. Identifying material
consists of a two-dimensional reproduc-
tion or rendering of the work in some
form which is visually perceivable with-
out the aid of a machine or device. The
identifying material may consist of
photographic prints, transparencies,
photocopies, drawings, or a similar
rendering of the work.
806.05(b)(2) Number of pieces. One set, of as many
pieces as are necessary to show clearly
the entire copyrightable content of the
work for which registration is sought, is
required.
[1984]
800-24
806 Quantity and content of material deposited: special
situations. (cont'd)
806.05 pictorial or graphic works published in certain
limited editions. (cont'd)
806.05(b) pictorial or graphic works published in
certain limited editions: what must be
deposited. (cont'd)
806.05(b)(3) Content of pieces.
* Copyrightable content. The identi-
fying material must clearly show the
entire copyrightable content of the
work for which registration is sought.
* Copyright notice. In the case of
works published with notice of copy-
right, the notice and its position on
the work must be clearly shown on at
least one piece of identifying mate-
rial. Such piece shall show the exact
appearance and content of the notice,
and its specific position on the work.
Where necessary because of the size
or position of the notice, a separate
drawing or similar reproduction shall
be submitted.
* Title and dimension. At least one
piece of identifying material must
indicate, on its front, back, or
mount, the title of the work, and
an exact measurement of one or more
dimensions of the work.
* Image size. Generally, except in the
case of photographic transparencies,
the image of the work must be lifesize
or larger. However, if less than
lifesize, the image must be large
enough to show clearly the entire
copyrightable content of the work.
* Color. The identifying material must
reproduce the actual colors employed
in the work.
[1984]
800-25
806 Quantity of material deposited: special
situations. (cont’d)
806.05 pictorial or graphic works published in certain
limited editions. (cont'd)
806.05(b) pictorial or graphic works published in
certain limited editions: what must be
deposited. (cont'd)
806.05(b)(4) Size of pieces.
* Uniform size. All pieces except sepa-
rate drawings or similar reproductions
of the copyright notice must be of
uniform size.
* Photographic transparencies. Photo-
graphic transparencies must be at
least 35mm in size. If the transpar-
encies are 3 by 3 inches or less, they
must be mounted in a way that makes
them easy to handle and preserve; and
the Copyright Office may require such
mounting in particular cases.
* All pieces except photographic trans-
parencies. The-preferred size for all
pieces except photographic transparen-
cies is 8 by 10 inches, but in no case
may a piece be smaller than 3 by 3
inches or larger than 9 by 12 inches.
806.06 Published commercial prints or labels. Gen-
erally, in the case of prints, labels, and other
advertising matter published in connection with
the rental, lease, lending, licensing, or sale of
articles of merchandise, works of authorship, or
services, the deposit of one complete copy of the
work will suffice. There are two exceptions to
this general rule set forth below. See 37 C.F.R.
202.20(c)(2)(v).
806.06(a) Commercial prints or labels published in a
larger work. In the case of a print or label
published in a larger work, such as a news-
paper or other periodical, one copy of the
entire page or pages upon which it appears
may be submitted in lieu of the entire larger
work.
[1984]
800-26
806 Quantity of material deposited: special situations. (cont’d)
806.06 Published commercial prints or labels. (cont'd)
806.06(a) Commercial prints or labels published in a
larger work. (cont'd)
Example:
A soap company has published a half-page
advertisement in a newspaper, and submits
an application, fee, and the entire page
on which the advertisement appears, taken
from the newspaper. The deposit is
acceptable.
806.06(b) Commercial print or labels that are physi-
cally inseparable from a three-dimensional
object. In the case of a print or label
which is physically inseparable from a
three-dimensional object, identifying mate-
rial which complies with the following
specifications must be submitted rather than
4an actual copy unless the work is reproduced
on three-dimensional containers which are
capable of flat storage, and when opened,
slit, or folded, do not exceed 96 inches in
any dimension. In a case of this kind, the
container must be capable of being flattened
in such a way that the copyrightable matter
on the container is not damaged. See 37
C.F.R. 202.20(c)(ix)(B)(6).
806.06(b)(1) Type of material. Identifying material
consists of a two-dimensional reproduc-
tion or rendering of the work in some
form which is visually perceivable with-
out the aid of a machine or device. The
identifying material may consist of
photographic prints, transparencies,
photocopies, drawings, or a similar
rendering of the work.
806.06(b)(2) Number of pieces. One set, of as many
pieces as are necessary to show clearly
the entire copyrightable content of the
work for which registration is sought, is
required.
[1984]
800-27
806 Quantity and content of material deposited: special
situation. (cont'd)
806.06 Published commercial prints or labels. (cont'd)
806.06(b) Commercial prints or labels that are physically inseparable from a three-dimensional object. (cont’d)
806.06(b)(3) Content of pieces.
* Copyrightable content. The identi-
fying material must clearly show the
entire copyrightable content of the
work for which registration is sought.
* Copyright notice. In the case of
works published with notice of copy-
right, the notice and its position on
the work must be clearly shown on at
least one piece of identifying mate-
rial. Such piece shall show the exact
appearance and content of the notice,
and its specific position on the work.
Where necessary because of the size
or position of the notice, a separate
drawing or similar reproduction shall
be submitted.
* Title and dimension. At least one
piece of identifying material must
indicate, on its front, back, or
mount, the title of the work, and
an exact measurement of one or more
dimensions of the work.
* Image size. Generally, except in the
case of photographic transparencies,
the image of the work must be lifesize
or larger. However, if less than
lifesize, the image must be large
enough to show clearly the entire
copyrightable content of the work.
* Color. Generally, the identifying
material may be in black and white or
may consist of a reproduction of the
actual colors of the work. However,
[1984]
800-28
806 Quantity and content of material deposited: special
situations. (cont'd)
806.06 Published commercial prints or labels. (cont'd)
806.06(b) Commercial prints or labels that are physi-
cally inseparable from a three-dimensional
object. (cont'd)
806.06(b)(3) Content of pieces. (cont'd)
* Color. (cont'd)
if the work reproduced in or on the
three-dimensional object contains any
pictorial or graphic matter, the iden-
tifying material must reproduce the
actual colors employed in the work.
806.06(b)(4) Size of pieces.
* Uniform size. All pieces except sepa-
rate drawings or similar reproductions
of the copyright notice must be of
uniform size.
* Photographic transparencies. Photo-
graphic transparencies must be at
least 35mm in size. If the transpar-
encies are 3 by 3 inches or less, they
must be mounted in a way that makes
them easy to handle and preserve; and
the Copyright Office may require such
mounting in particular cases.
* All pieces except photographic trans-
parencies. The preferred size for all
pieces except photographic transparen-
cies is 8 by 10 inches, but in no case
may a piece be smaller than 3 by 3 or
larger than 9 by 12.
806.07 Published tests and answer material. In the case
of tests and answer material for tests which have
been published separately from other literary
works, one complete copy may be deposited in lieu
of two copies. See 37 C.F.R. 202.20(c)(2)(vi).
[1984]
800-29
806 Quantity of material deposited: special situations. (cont’d)
806.08 Secure tests. A special deposit procedure is
available for "secure tests." See 37 C.F.R.
202.20(c)(2)(vi).
806.08(a) Secure tests: when this modification applies.
This procedure app1ies to secure tests. A
secure test is defined as a nonmarketed test
administered under supervision at specified
centers on specified dates, all copies of
which are accounted for and either destroyed
or returned to restricted locked storage
following each administration. For this
purpose a test is considered as "not marketed"
if copies are not sold but it is distributed
and used in such a manner that ownership and
control of copies remain with the test spon-
sor or publisher. See 37 C.F.R. 202.20(b)(4).
806.08(b) Secure tests: what must be deposited. One
complete copy of the test must be depos1ted
with identifying material which constitutes a
sufficient archival record of the deposit.
The sufficiency of the identifying material
is determined by the Copyright Office Exam-
ining Division. The actual copy is returned
to the applicant after examination: the
identifying material is retained as the
archival record of the deposit.
806.08(c) Secure tests: special procedure. When a
secure test is to be registered under this
special procedure, the Head of the Literary
Section, Examining Division, must be notified
in advance by the applicant or authorized
representative. The Section Head will then
arrange for examination of the material in a
nonpublic place with the applicant or autho-
rized representative present. The receipt
date will be stamped on the appropriate
material by the examiner receiving the claim.
After examination, the actual copies of the
test will be returned to the applicant or
authorized representative. The application
and the identifying material will then pro-
ceed through the registration process in the
usual manner.
[1984]
800-30
806 Quantity and content of material deposited: special "
situations. (cont'd)
806.09 pictorial or graphic works reproduced in or on
sheetlike materials. In the case of any unpub-
lished work that is fixed, or any published work
that is published only in the form of a two-
dimensional reproduction on sheetlike materials
such as textile and other fabrics, the deposit
shall consist of one copy in the form of an
actual swatch or piece of such material suffi-
cient to show all elements of the work in which
copyright is claimed and the copyright notice, if
any, appearing on the work. If the work consists
of a repeated pictorial or graphic design, the
complete design and at least part of one repeti-
tion must be shown. Examples of such works
include lace, embroidery, wallpaper, wrapping
paper, carpeting, linoleum, and other floor
coverings. See 37 C.F.R. 202.20(c)(2)(viii).
806.10 pictorial or graphic works reproduced on sheet-
like materials published only in or on three-
dimensional objects. Where a work is reproduced
on sheetlike materials which have been published
only in or on three-dimensional articles, the
deposit must generally consist of identifying
materials which meet the following specifications.
806.10(a) Type of material. Identifying material con-
sists of a two-dimensional reproduction or
rendering of the work in some form which is
visually perceivable without the aid of a
machine or device. The identifying material
may consist of photographic prints, trans-
parencies, photocopies, drawings, or a
similar rendering of the work.
806.10(b) Number of pieces. One set, of as many pieces
as are necessary to show clearly the ent1re
copyrightable content of the work for which
registration is sought, is required.
806.10(c) Content of pieces.
* Copyrightable content. The identifying
material must clearly show the entire
copyrightable content of the work for
which registration is sought.
[1984]
800-31
806 Quantity and content of material deposited: special
situations. (cont'd)
806.10 pictorial or graphic works reproduced on sheet-
like materials published only in or on three-dimensional objects. (cont'd)
806.10(c) content of pieces. (cont'd)
* Copyright notice. In the case of works
published with notice of copyright, the
notice and its position on the work must
be clearly shown on at least one piece of
identifying material. Such piece shall
show the exact appearance and content of
the notice, and its specific position on
the work. Where necessary because of the
size or position of the notice, a separate
drawing or similar reproduction shall be
submitted.
* Title and dimensions. At least one piece
of identifying material must indicate, on
its front, back, or mount, the title of
the work, and an exact measurement of one
or more dimensions of the work.
* Image size. Generally, except in the case
of photographic transparencies, the image
of the work must be lifesize or larger.
However, if less than lifesize, the image
must be large enough to show clearly the
entire copyrightable content of the work.
* Color. The identifying material must
reproduce the actual colors employed in
the work.
806.10(d) Size of pieces.
* Uniform size. All pieces except separate
drawings or similar reproductions of the
copyright notice must be of uniform size.
* Photographic transparencies. Photographic
transparencies must be at least 35mm in
size. If the transparencies are 3 by 3
inches or less, they must be mounted in a
[1984]
800-32
806 Quantity of material deposited: special situations. (cont’d)
806.10 pictorial or graphic works reproduced on sheet-
like materials published only-in or on three-
dimensional objects. (cont'd)
806.10(d) Size of pieces. (cont’d)
* Photographic transparencies. (cont’d)
way that makes them easy to handle and
preserve; and the Copyright Office may
require such mounting in particular cases.
* All pieces except photographic transpar-
encies. The preferred size for all pieces
except photographic transparencies is 8 by
10 inches, but in no case may a piece be
smaller than 3 by 3 inches or larger than
9 by 12 inches.
NOTE: In certain cases where the two-dimen-
sional pictorial and graphic material is
embodied in an article of wearing apparel or
the like, the Copyright Office will accept as
a deposit the actual garment, provided that
its seams have been split and the deposit
includes all the panels utilized in the con-
struction of the garment.
806.11 Separate registration for work embodied only in
a motion picture sound track. For separate regis-
tration of an unpublished work that is fixed, or
a published work that is published, only as
embodied in a sound track that is an integral part
of a motion picture, identifying material will
suffice in lieu of an actual copy or copies of
the motion picture. Such identifying material
shall consist of:
1) A transcription of the entire work, or a
reproduction of the entire work on a phono-
record;
2) Photographs or other reproductions from the
motion picture showing the title of the
[1984]
800-33
806 Quantity and content of material deposited: special
situations. (cont'd)
806.11 Separate registration for work. in
a motion picture sound track.
2) (cont’d)
motion picture, the sound track credits, and
the copyright notice, if any, for the
sound track.
See 37 C.F.R. 202.21(f).
806.12 Machine-readable works. Where an unpublished
literary work is fixed, or a published literary
work is published only in the form of machine-
readable copies (such as magnetic tapes or disks,
punch cards, or the like) from which the work
cannot ordinarily be perceived except with the
aid of a machine or device, special deposit
requirements apply. See 37 C.F.R. 202.20(c)
(2)(vii).
806.12(a) Machine-readable works: what must be deposited. The form of deposit varies depending
on the type of machine-readable work sub-
mitted for registration, but generally con-
sists of some type of "identifying portions"
of the work. Deposit of the entire work is
acceptable in limited instances. In all
cases, however, the deposit must be in a form
visually perceptible without the aid of a
machine or device. NOTE: Works published in
a form requiring the use of a machine or
device for purposes of optical enlargement
(such as film, filmstrips, slide films, and
works published in any variety of microform),
and works published in visually perceptible
form but used in connection with optical
scanning devices, are not within this cate-
gory. See 37 C.F.R. 202.20(c)(2)(vii)(A-B).
806.12(a)(1) Published and unpublished computer pro-
grams. For both published and unpub-
lished computer programs, either one
paper or one microform copy of the first
and last 25 pages, or equivalent units
[1984]
800-34
806 Quantity and content of material deposited: special.
situations. (cont'd)
806.12 Machine-readable works. (cont'd)
806.12(a) Machine-readable works: what must be depos-
ited. (cont'd)
806.12(a)(1) Published and unpublished computer pro-
grams. (cont'd)
of the program, must be deposited. In
cases where the work is under 50 pages or
equivalent units in total length, the
entire work should be deposited. If the
work is published with a copyright
notice, the applicant must also submit
the page or equivalent unit which con-
tains the copyright notice. The source
code rather than the object code is the
best representation of the authorship,
and therefore should generally be depos-
ited. See 37 C.F.R. 202.20(c)(2)(vii)(A).
806.12(a)(2) Published and unpublished automated data
bases. Generally, the depos1t for pub-
lished and unpublished automated data
bases is a paper or microform copy of the
first and last 25 pages of the work. The
deposit for automated data bases which
are made up of separate and distinct data
files, however, is either 50 complete
data records from each file, or the
entire file, whichever is less. "Data
file" and "file" mean a group of data
records pertaining to a common subject
matter, regardless of the physical size
of the records or the number of data
items included in them. In the case of
revised versions of such data bases, the
portions deposited must contain repre-
sentative data records which have been
added or modified. When 50 complete data
records from each separate file are sub-
mitted, however, a typed or printed
descriptive statement must be submitted
as well. That statement must include:
[1984]
800-35
806 Quantity and content of material deposited: special
situations. (cont'd)
806.12 Machine-readable works. (cont'd)
806.12(a) Machine-readable works: what must be depos-
ited.
806.12(a)(2) Published and unpublished automated data
bases. (cont'd)
1) The title of the data base:
2) The claimant's name and address:
3) The name and subject matter content
of each separate file within the data
base, origin of the data, and approx-
imate number of individual records in
the file: and
4) A description of the exact contents
of any machine-readable copyright
notice employed in or with the work
and the manner and frequency with
which it is displayed (e.g., at
user's terminal only at sign-on, or
continuously on terminal display, or
on printouts, etc.). If a visually
perceptible copyright notice is
placed on any copies of the work
(such as magnetic tape reels or their
container), a sample of such notice
must also accompany the statement.
See 37 C.F.R. 202.20(c)(2)(vii)(B).
806.13 Motion pictures. The following requirements
apply to unpublished and published motion pic-
tures.
806.13(a) Unpublished motion pictures. The applicant
may, for registration, deposit one complete
copy or identifying material. In either
case, a description is also required. See 37
C.F.R. 202.20(c)(2)(ii) and 202.21(g).
[1984]
800-36
806 Quantity and content of material deposited: special :;.
situations. (cont'd)
806.13 Motion pictures. (cont'd)
806.13(a) Unpublished motion pictures. (cont'd)
806.13(a)(I) Deposit of complete copy. If the appli-
cant chooses to deposit an actual copy of
the work, the copy must be complete. A
copy is complete if the reproduction of
the visual and sound elements is clean,
undamaged, undeteriorated, and free of
splices, and if the copy and physical
housing have no defects which would
interfere with performance of the motion
picture or cause mechanical, visual, or
audible defects or distortions. See 37
C.F.R. 202.20(b)(2)(vi). The copy must
be accompanied by a separate description
of its contents, which may be a conti-
nuity, a pressbook, or a synopsis. See
37 C.F.R. 202.20(c)(2)(ii). However,
when the Copyright Office is asked, it
will encourage the deposit of a shooting
.script as the description.
806.13(a)(2) Deposit of identifying material. If the
applicant chooses to deposit identifying
material instead of an actual copy, two
things must be deposited:
1) A description which may be a continuity,
a pressbook, or a synopsis but which
must include the title or continuing
title of the work and the episode
title, if any: the nature and general
content of the program: the date of
first fixation and whether it took
place simultaneously with first
transmission: the date of first
transmission, if any: running time:
and credits, if any, appearing on the
work: and
2) Either an audio cassette or other
phonorecord reproducing the entire
sound track or other sound portion of
[1984]
800-37
806 Quantity of content of material deposited: special situations. (cont’d)
806.13 Motion pictures. (cont'd)
806.13(a) Unpublished motion pictures. (cont'd)
806.13(a)(2) Deposit of identifying material. (cont'd)
2) (cont’d)
the motion picture, or a set con-
sisting of one frame-enlargement or
similar visual reproduction from each
10-minute segment of the motion pic-
ture. Frames clipped from the film
are not acceptable.
806.13(b) Published motion pictures. The deposit
requirements for published motion pictures
consist of one complete copy of the best
edition of the motion picture and a
description.
806.13(b)(1) Deposit of the best edition. The best
edition of a motion picture is determined
by referring to the criteria listed in
the Best Edition Statement. See Appendix
to this chapter.
806.13(b)(2) Deposit of a complete copy. The copy
must be complete, meaning that the repro-
duction of the visual and sound elements
comprising the copyrightable subject
matter in the work must be clean, un-
damaged, undeteriorated, and free of
splices, and that the copy itself and its
physical housing must be free of any
defects which would interfere with per-
formance of the motion picture, or cause
mechanical, visual, or audible defects or
distortions. See 37 C.F.R. 202.20(b)
(2)(vi).
806.13(b)(3) Deposit f description. The copy must be
accompanied by a separate description of
its contents which may be a continuity, a
pressbook, or a synopsis. See 37 C.F.R.
202.20(c)(2)(ii). However, when the
[1984]
800-38
806 Quantity and content of material deposited: special
situations. (cont'd)
806.13 Motion pictures. (cont'd)
806.13(b) Published motion pictures. (cont'd)
806.13(b)(3) Deposit of description. (cont'd)
Copyright Office is asked, it will
encourage the deposit of a shooting
script as the description.
806.13(b)(4) Separately registrable works of authorship fixed in film, videotape, or the
like. A film, videotape, or the like can
constitute the form of embodiment in
which a copyrightable work other than a
motion picture is fixed. Generally, in
such cases the deposit requirements for
the particular work of authorship being
registered govern the form of the deposit,
rather than the deposit requirements for
motion pictures. Examples include the
following:
1) Pantomime fixed in a one-half-inch
videocassette.
2) Choreography fixed in a hologram.
3) Resume spoken and fixed in a three-
quarter-inch videocassette.
4) Graphic illustrations fixed in Super
8 film.
NOTE: For deposit requirements in the
case of an unpublished work that is fixed
or a published work that is published
only as embodied in a sound track that is
an integral part of a motion picture, see
section 806.11 above.
[1984]
800-39
807 Motion picture Agreement. The Library of Congress
may, at its sole discretion, enter into an agreement
permitting the return of copies of published motion
pictures to the depositor under certain conditions
and establishing certain rights and obligations with
respect to such copies on the part of both the
depositor and the Library of Congress. The Deposits
and Acquisitions Section of the Acquisitions and
Processing Division of the Copyright Office
administers the Motion picture Agreement. See 37
C.F.R. 202.20(c)(2)(ii)
The Motion picture Agreement provides that after
copyright registration has been completed the deposit
copy will be returned to the depositor at the de-
positor's expense. However, a copy for addition to
the Library's permanent collections is subject to
recall by the Library of Congress at any time within
a period of two years. In signing the Motion picture
Agreement, the depositor agrees, if the film is re-
called, to provide the Library with a copy which
meets the archival quality standards set forth in the
Agreement.
807.01 Who may enter into the Agreement. The Agreement
is available upon request to owners of copyright
in published motion pictures or owners of the
exclusive right of publication (including the
exclusive right of distribution in the United
States) who are depositing a copy of the motion
picture in the Copyright Office and to foreign
depositors whose works, although initially pub-
lished outside the united States, have been pub-
lished in the United States before the date of
deposit. NOTE: Foreign depositors whose motion
pictures are published only outside the United
States before the date of deposit may enter into
the Motion picture Agreement by executing the
basic Agreement, together with a Standard Modi-
fication of the Agreement, provided that the
depositor has an established business office in
the United States, or has designated a United
States agent with express authority to receive
service in the event the Agreement is breached.
807.02 Who may sign the Agreement. An individual
depositor or a legal representative may sign the
Agreement. A business entity depositor may sign
[1984]
800-40 I
807 Motion Picture Agreement. (cont'd)
807.02 Who may sign the Agreement. (cont'd)
the Agreement through a legal representative
empowered to bind the business entity, as for
example, the officer of a corporation, an
attorney-in-fact for the depositor, or another
agent of a depositor satisfactory to the Library
of Congress. In certain cases, the Standard
Modification must be completed: see NOTE in
section 807.01 above. Also, in certain cases,
a bond signed by the attorney-in-fact for the
depositor, which subjects such attorney-in-fact
to certain liability under the Agreement, is
required in addition to the Agreement.
807.03 Return of deposit copy under the Agreement. The
Copyright Office will return the motion picture
to the depositor under the Agreement if it
receives a specific written request for return of
that particular motion picture. In general, the
following conditions apply for the return of
motion pictures:
1) If a motion picture is to be returned by a ..
private carrier designated by the depositor,
shipment instructions must be included with
the request for return. The instructions
must name the carrier to be contacted, give
an account number (if available), indicate
that the motion picture is to be returned at
the depositor's expense, include a declara-
tion of value, and state the amount of
insurance required.
2) If the depositor so requests, the motion pic-
ture will be shipped collect by means of a
private carrier chosen by the Library of
Congress, with insurance coverage at the
depositor's expense, to the amount of the
declared value: if no value has been de-
clared, the amount of this insurance will be
based on the estimated replacement cost for a
copy of identical physical characteristics
produced by a commercial laboratory.
[1984]
800-41
807 Motion picture Agreement. (cont'd)
807.03 Return of deposit copy under the Agreement. (cont' d )
3) Unless the Copyright Office is otherwise
directed in writing at the time of deposit,
motion pictures will be returned to the
depositor by Special Fourth Class Mail. In
these cases, the Library of Congress does
not assume any responsibility for providing
insurance. Because of the high risk of loss
with respect to certain films, the Copyright
Office will ordinarily attempt to contact
depositors of 35mm feature films, oversize
deposits, and copies of special value for
instructions for return by private carrier
at the depositor's expense.
807.04 Recall of the deposit coy under the Agreement.
At any time within a period of two years, the
Library of Congress may make a written request
that a copy of archival quality be submitted for
its permanent collections under the terms of the
Motion picture Agreement. Upon receipt of that
request one complete copy of the film, meeting
the standards set forth in Appendix A of the
Agreement, must be sent to:
Motion picture Section
Motion picture Broadcasting and
Recorded Sound Division
The Library of Congress
Washington, D. C. 20540
807.05 Quality of copy deposited under the Agreement.
If a depositor has signed the Motion picture
Agreement and deposits a copy, but does not
request the return of the copy, it is considered
a "non-agreement" film and is treated as though
there is no Agreement on file. The standards
that govern the quality of such a copy are those
explained in section 806.13 above, and the
special "archival quality" standards which are
set forth in the language of the Agreement, and
Appendix A thereto, do not apply. However, any
copy recalled by the Library of Congress under
the Agreement must meet all the technical guide-
lines set forth in Appendix A to the Agreement.
[1984]
800-42
807 Motion picture Agreement. (cont'd)
807.06 Supplemental Property Agreement. Where a
depositor who has entered into a Motion picture
Agreement has deposited for registration a copy
of a motion picture which does not represent the
form of copy which the Library of Congress wishes
to retain for its collections, such copy may be
accepted for registration if the depositor speci-
fically agrees in accordance with a Supplementary
Property Agreement that a copy of archival
quality will be delivered on demand under the
Motion picture Agreement.
807.07 Termination of the Motion picture Agreement.
The Library of Congress may terminate the Motion
picture Agreement for any good cause, including
single or repeated instances of breach of the
Agreement. If an Agreement is terminated by the
Library, the termination applies only to motion
pictures deposited after the termination, and
does not affect the rights or obligations of
either party with respect to any copies already
deposited or returned under the Agreement. If
the Agreement is terminated by the Library, it is
.not subject to reinstatement unless the Library
believes that reinstatement, or entering into a
new Agreement, would be in its best interests.
See 37 C.F.R. 202.20(c)(2)(ii).
808 Special relief from the deposit requirements for
registration. Special relief is a procedure which
allows the Register of Copyrights to grant the
requestor the option of depositing less than or other
than that which is required under the general deposit
provisions. See 37 C.F.R. 202.20(d); see also 17
U.S.C. 407(c) and 408(c).
808.01 Special relief: in general. Special relief was
devised because it is impossible to establish
exemptions or alternatives to cover all cases
where the general deposit provisions of the
statute might cause unnecessary hardship.
Special relief is intended to respond to the
legislative directive that deposit provisions be
kept flexible "so that there will be no obliga-
tion to make deposit where it serves no purpose,
so that only one copy or phonorecord may be
[1984]
800-43 I
808 Special relief from the deposit requirements for
registration. (cont'd)
808.01 Special relief: in general. (cont'd)
deposited where two are not needed, and so that
reasonable adjustments can be made to meet
practical needs in special cases." See H.R.
Rep. No.94-1476, 94th Cong., 2d Sess. at 151
(1976), and S. Rep. No.94-473, 94th Cong., 1st
Sess. at 134 (1975).
808.02 Special relief: criteria. The decision whether
to grant special relief is based on the acquisi-
tion policies of the Library of Congress in force
at the time the request is made and the examining
and archival requirements of the Copyright Office.
808.03 Special relief: procedures. The procedures for
special relief are the following.
808.03(a) Required elements of request. Requests for
special relief must be made in writing to the
Chief, Examining Division, Copyright Office.
The request must be signed by or on behalf of
the person signing the application for regis-
tration. The request must set forth the
specific reasons that it should be granted.
Examples include unavailability of the re-
quired deposit, financial burden, confiden-
tiality, rarity, fragility, and weight. The
request should also state the form of relief
desired, .., permission to deposit one copy
or phonorecord rather than two, permission to
deposit alternative identifying material
rather than one or two copies or phono-
records, permission to deposit incomplete
copies or phonorecords rather than those
normally constituting the best edition, or
(for works first published before 1978)
permission to deposit a later printing or
edition rather than the work as first pub-
lished.
808.03(b) Responsibility for decision. The decision to
grant or deny special relief is made by the
Chief of the Examining Division after con-
sultation with the Chief of the Acquisitions
and processing Division of the Copyright
Office.
[1984]
800-44
808 Special relief from the deposit requirements for
registration. (cont'd)
808.03 Special relief: procedures. (cont'd)
808.03(c) Special relief granted. When special relief
is granted, the application will be anno-
tated as follows: "Special relief granted
under 37 C.F.R. 202.20(d)." This annotation
is keyed with an asterisk to the "DEPOSIT
RECEIVED" space on the application for regis-
tration.
NOTE: Where the work was first published
before 1978, the annotation should also re-
flect the nature of the material deposited
and refer to the remitter's letter: for
example:
1) "Photocopies accepted under a grant of
special relief in accordance with 37
C.F.R. 202.20(d). See correspondence
file."
2) "Second printing accepted under a grant
of special relief in accordance with 37
C.F.R. 202.20)(d). Re: notice of
copyright on copies as first published,
see applicant's letter of ________."
808.03(d) Special relief denied. Where the special
relief is denied, the applicant will be
notified in writing, and the letter to the
applicant will set forth the reasons for the
denial.
808.04 Special relief: continuous or ongoing grants.
In some cases a grant of continuous or ongoing
special relief is possible. The procedures and
criteria for such relief are the same as for
one-time special relief. In such cases, however,
the applicant is asked to include with each sub-
mission a covering letter or memorandum referring
to such grant and the date thereof. Any con-
tinuous grant may be terminated by the Chief of
the Examining Division after consultation with
the Chief of the Acquisitions and Processing
Division of the Copyright Office. Notice of
[1984]
800-45
808 Special relief from the deposit requirements for
registration.
808.04 Special relief: continuous or ongoing grants.
(cont'd)
termination will be in writing and will set forth
the specific date of termination which must be at
least 30 days later than the date the notice is
mailed. This notice is sent to the individual or
organization to whom the grant of special relief
had been given at the last address shown in the
records of the Copyright Office.
809 Relationship of deposit for registration to mandatory
deposit under 17 U.S.C. 407. The deposit for a pub-
lished work that is acceptable under section 408 of
the current Act, which deals with copyright regis-
tration, also satisfies the deposit requirements of
section 407 of that Act, which deals with deposit for
the use or disposition of the Library of Congress.
810 Appendix. The text of the "'Best Edition' of pub-
lished Copyrighted Works for the Collections of the
Library of Congress," mentioned in this chapter,
appears as an APPENDIX which follows this page.
[1984]
800-46 I
APPENDIX
"Best Edition" of Published Copyrighted Works
for the Collections of the Library of Congress*
The Copyright Law (Title 17, United States Code) re-
quires that copies or phonorecords deposited in the
Copyright Office be of the "best edition" of the work. The
law states that "The 'best edition' of a work is the edition,
published in the United States at any time before the date
of deposit, that the Library of Congress determines to be
most suitable for its purposes."
When two or more editions of the same version of a
work have been published, the one of the highest quality
is generally considered to be the best edition. In judging
quality, the Library of Congress will adhere to the criteria
set forth below in all but exceptional circumstances.
Where differences between editions represent varia-
tions in copyrightable content, each edition is a separate
version and .'best edition" standards based on such dif-
ferences do not apply. Each such version is a separate
work for the purposes of the Copyright Law.
Appearing below are lists of criteria to be applied in
determining the best edition of each of several types of
material. The criteria are listed in descending order of
importance. In deciding between two editions, a
criterion-by-criterion comparison should be made. The
edition which first fails to satisfy a criterion is to be considered of inferior quality and will not be an acceptable
deposit. For example, if a comparison is made between
two hardbound editions of a book, one a trade edition
printed on acid-free paper and the other a specially
bound edition printed on average paper, the former will
be the best edition because the type of paper is a more
important criterion than the binding.
Under regulations of the Copyright Office, potential de-
positors may request authorization to deposit copies or
phonorecords of other than the best edition of a specific
work (e.g., a microform rather than a printed edition of a
serial).
* This excerpt is taken from Volume 43, No.2 of the Federal
Register for Wednesday, January 4, 1978 (p. 766).
[1984]
800-47
I. PRINTED TEXTUAL MATTER
- 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.
9. Slipcased rather than nonslipcased.
10. With protective folders rather than without (for
broadsides).
11. Rolled rather than folded (for broadsides).
12. With protective coatings rather than without (except
broadsides, which should not be coated).
B. Rarity:
1 .Special limited edition having the greatest number of
special features.
2. Other limited edition rather than trade edition.
3. Special binding rather than trade binding.
C. Illustrations:
1. Illustrated rather than unillustrated.
2. Illustrations in color rather than black and white.
D. Special Features:
1 .With thumb notches or index tabs rather than with-
out.
2. With aids to use such as overlays and magnifiers
rather than without.
E. Size:
1. Larger rather than smaller sizes. (Except that
large-type editions for the partially-sighted are not
required in place of editions employing type of more
conventional size.)
II. PHOTOGRAPHS
A. Size and finish, in descending order of preference:
1. The most widely distributed edition.
2.8 x 10-inch glossy print.
3. Other size or finish.
B. Unmounted rather than mounted.
C. Archival-quality rather than less-permanent paper
stock or printing process.
[1984]
800-48
III. MOTION PICTURES
A. Film rather than another medium. Film editions are
listed below in descending order of preference.
1. Preprint material, by special arrangement.
2. Film gauge in which most widely distributed.
3.35 mm rather than 16 mm.
4.16 mm rather than 8 mm.
5. Special formats (e.g., 65 mm) only in exceptional
cases.
6. Open reel rather than cartridge or cassette.
B. Videotape rather than videodisc. Videotape editions
are listed below in descending order of preference.
1. Tape gauge in which most widely distributed.
2. Two-inch tape.
3. One-inch tape.
4. Three-quarter-inch tape cassette.
5. One-half-inch tape cassette.
IV .OTHER GRAPHIC MATTER
A. Paper and Printing:
1 .Archival quality rather than less-permanent paper .
2. Color rather than black and white.
B. Size and Content:
1. Larger rather than smaller size.
2. In the case of cartographic works, editions with the
greatest amount of information rather than those
with less detail.
C. Rarity:
1 .The most widely distributed edition rather than one
of limited distribution.
2. In the case of a work published only in a limited,
numbered edition, one copy outside the numbered
series but otherwise identical.
3. A photographic reproduction of the original, by spe-
cial arrangement only.
D. Text and Other Materials:
1 .Works with annotations, accompanying tabular or
textual matter, or other interpretative aids rather than
those without them.
E. Binding and Packaging:
1 .Bound rather than unbound.
2. If editions have different binding, apply the criteria in
I.A.2-I.A.7, above.
4. Rolled rather than folded.
5. With protective coatings rather than without.
[1984]
800-49
V.PHONORECORDS
A. Disc rather than tape.
B. With special enclosures rather than without.
C. Open-reel rather than cartridge.
D. Cartridge rather than cassette.
E. Quadraphonic rather than stereophonic.
F. True stereophonic rather than monaural.
G. Monaural rather than electronically rechanneled
Stereo.
VI. MUSICAL COMPOSITIONS
A. Fullness of Score:
1. Vocal music:
a. With orchestral accompaniment-
i. Full score and parts, if any, rather than conductor's
score and parts, if any. (In cases of compositions
published only by rental, lease, or lending, this re-
quirement is reduced to full score only.)
ii. Conductor's score and parts, if any, rather than con-
densed score and parts, if any. (In cases of compo-
sitions published only by rental, lease, or lending,
this requirement is reduced to conductor's score
only.)
b. Unaccompanied: Open score (each part on separate
staff) rather than closed score (all parts condensed
to two staves).
2. Instrumental music:
a. Full score and parts, if any, rather than conductor's
score and parts, if any. (In cases of compositions
published only by rental, lease, or lending, this re-
quirement is reduced to full score only.)
b. Conductor's score and parts, if any, rather than con-
densed score and parts, if any. (In cases of compo-
sitions published only by rental, lease, or lending, this
requirement is reduced to conductor's score only.)
B. Printing and Paper:
1. Archival-quality rather than less-permanent paper.
C. Binding and Packaging:
1. Special limited editions rather than trade editions.
2. Bound rather than unbound.
3. If editions have different binding, apply the criteria in
I.A.2-I.A.12, above.
4. With protective folders rather than without.
[1984]
800-50
VII. MICROFORMS
A. Related Materials:
1 .With indexes, study guides, or other printed matter
rather than without.
B. Permanence and Appearance:
1. Silver halide rather than any other emulsion.
2. Positive rather than negative.
3. Color rather than black and white.
C. Format (newspapers and newspaper-formatted
serials):
1. Reel microfilm rather than any other microform.
D. Format (all other materials):
1. Microfiche rather than reel microfilm.
2. Reel microfilm rather than microform cassettes.
3. Microfilm cassettes rather than micro-opaque prints.
E. Size:
1. 35 mm rather than 16 mm.
VIII. WORKS EXISTING IN MORE THAN ONE MEDIUM
Editions are listed below in descending order of prefer-
ence.
A. Newspapers, dissertations and theses, newspaper-
formatted serials:
1. Microform.
2. Printed matter.
B. All other materials:
1. Printed matter .'
2. Microform.
3. Phonorecord.
(Effective: January 1, 1978.)
[END OF CHAPTER 800]
[1984]