Page:Copyright Office Compendium 3rd Edition - Full.djvu/683

, Third Edition 1107.1 What Is a Unit of Publication?

A unit of publication is a package of separately fixed elements and works that are physically bundled together for distribution to the public as a single, integrated unit, and all of the works are first published in that integrated unit.

A group of self-contained works may qualify as a unit of publication under the following circumstances:

• There is a title for the unit as a whole that identifies it as a single, integrated unit.

• The component works and any uncopyrightable elements are packaged or physically bundled together as a single, integrated unit, such as a bound volume and dust jacket; a compact disc with liner notes and cover art; a multimedia kit containing a book, a compact disc, and a set of stickers; a board game; or the like.

• The component works are distributed to the public as a single, integrated unit (as opposed to being packaged or physically bundled simply for distribution to intermediaries, such as wholesalers, distributors, or retailers].

Representative examples of works that may be distributed in a single, integrated unit include the following:

• A package of greeting cards.

• A CD packaged with cover art and a leaflet containing lyrics.

• A board game with playing pieces, game board, and instructions.

• A book published with a CD-ROM.

• A multimedia kit containing a book, a compact disc, and a poster.

• A multi-DVD package with multiple disks containing a motion picture, trailers, and deleted scenes from the motion picture.

• A box set of music CDs.

• A videogame containing a disc, instructions, and pamphlet.

• A package containing a computer program and a user's manual.

In all cases, the unit must contain an actual copy or phonorecord of the self-contained works. A unit that merely contains a representation of the works does not satisfy this requirement. For example, a box of jewelry containing an actual necklace and an actual set of earrings that are sold to the public as a single, integrated unit would be considered a unit of publication. By contrast, a catalog that merely contains photographs of necklaces and earrings that are offered for sale would not be considered a unit of publication, even if members of the public may order these items from the catalog either on an individual basis or as a set. At best, the catalog could only be used to register a

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