Page:Copyright Office Compendium 3rd Edition - Full.djvu/697

, Third Edition Washington, DC 20540-4161

Providing an ongoing, complimentary subscription and promptly delivering the subscription copies to the Library after the publication of each issue is a mandatory requirement for serials that have been selected by the Library. Providing complimentary subscriptions also satisfies the mandatory deposit requirements set forth in Section 407 of the Copyright Act. See Registration of Claims to Copyright: Group Registration of Serials, 55 Fed. Reg. 50,556, 50,556 (Dec. 7, 1990). Applicants whose serials have been selected may not use this group registration option unless they provide complimentary subscriptions, and the privilege of using this option may be revoked if an applicant fails to deliver complimentary subscription copies on a prompt and regular basis. 37 C.F.R. § 202.3[b)[6](iv].

1109.5(B) Serials Not Subject to the Complimentary Subscription Requirement

Providing complimentary subscriptions is a mandatory requirement for registering a group of serials, but only if the Library of Congress has selected the serial for its collections. See Registration of Claims to Copyright: Group Registration of Serial Issues Filed Electronically, 77 Fed. Reg. 66,920, 66,921 [Nov. 8, 2012).

The U.S. Copyright Office has adopted an interim practice for serials that have not been selected by the Library that allows applicants to submit one complete copy of each issue in the group without providing a complimentary subscription. For information concerning this procedure, see Circular 62b, Copyright Registration for a Group of Serial Issues at 2.

1109.5(C) One Complete Copy of Each Issue

In all cases, the applicant must submit one complete copy of each issue that is included in the group along with the application.

If the applicant submits a paper application using Form SE/Group, the applicant should submit one complete copy of the best edition of each issue. For a definition and discussion of the best edition requirements, see Chapter 1500, Section 1504.

If the applicant submits an online application, the applicant may submit an electronic copy or a physical copy of each issue, although the U.S. Copyright Office strongly encourages applicants to submit electronic copies whenever possible. Specifically, the applicant should submit (i) one complete copy of each issue in a digital format that complies with the requirements set forth in sections 202.20(b)(2)(iii)(B) and 202.20(b)(2)(iii)(C) of the regulations or (ii) one complete copy of the best edition of each issue.

For guidance on submitting the deposit copy, see Section 1109.8.

See 37 C.F.R. §§ 202.3(b)(6)(v)(A)(3), (b) (6) (v) (B)(3), and 202.20(c)(2)(xvii).

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12/22/2014 Chapter _00 : 35