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, Third Edition 1010.6(H)

Electronic Serials

As a general rule, the applicant does not need to satisfy the best edition requirements in order to register a website or to register a work that has been published solely online. However, there is a limited exception to this rule for electronic serials published in the United States on or after February 24, 2010. If the U.S. Copyright Office has determined that an electronic serial is subject to the mandatory deposit requirement, the applicant must submit two complete copies of the best edition in order to register that serial with the Office. For a definition of "electronic serial" and a discussion of the mandatory deposit requirements for such works, see Section 1010.7.

Mandatory deposit is a statutory requirement for the benefit of the national collection of the Library of Congress. Section 407 of the Copyright Act states that the owner of copyright or the owner of the exclusive right of publication in a work published in the United States shall deposit two copies or phonorecords of the work within three months after publication. 17 U.S.C. § 407(a).

The mandatory deposit requirement generally does not apply to works published in the United States that are available only online. However, there is a limited exception to this rule. Electronic serials published on or after February 24, 2010 are subject to mandatory deposit if the U.S. Copyright Office issues a written demand for a copy or phonorecord of that work for the use or disposition of the Library of Congress. See 37 C.F.R. §§ 202.19(c)(5), 202.24(a).

For purposes of mandatory deposit, an "electronic serial" is defined as "an electronic work published in the United States and available only online, issued or intended to be issued on an established schedule in successive parts bearing numerical or chronological designations, without subsequent alterations, and intended to be continued indefinitely." Id. § 202.19(b)(4).

For additional information concerning the mandatory deposit requirements for electronic serials, see Chapter 1500, Section 1511.6.

In many cases, the applicant may not possess a complete copy of the content that was posted on a particular website when it was first published, due to a lack of archival preservation on the internet. If prior versions of a website are no longer available, the applicant may request special relief from the deposit requirements. For information concerning the procedure for requesting special relief from the deposit requirements for registration or the mandatory deposit requirements, see Chapter 1500, Sections 1508.8 and 1511.8.

1010.7

Mandatory Deposit

1010.8 Special Relief from the Deposit Requirements

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