Page:Copyright Office Compendium 3rd Edition - Full.djvu/724

, Third Edition published, including the copyright notice (if any] that appeared on or in connection with the photograph. For general information concerning the notice requirements for works published during this period, see Chapter 2200. For information concerning the notice requirements for works published as a contribution to a collective work, see Chapter 2200, Section 2207.2.

Packages that are delivered to the U.S. Copyright Office by mail or by courier will be irradiated to destroy possible contaminants, such as anthrax. This process may damage CD-ROMs or other compact discs. To avoid this result, applicants are strongly encouraged to send these types of materials in boxes rather than envelopes. Additional information concerning the recommended procedure for delivering deposits to the Office by mail or by courier is posted on the Office's website (www.copyright.gov /mail.html].

See generally Registration of Claims to Copyright, Group Registration of Photographs, 66 Fed. Reg. 37,142 (July 17, 2001).

1116.5 When May an Application for a Group Registration Be Filed?

The U.S. Copyright Office will register all the photographs taken by the same photographer and published within the same calendar year, provided that the applicant complies with the requirements set forth in Sections 1116.1 through 1116.4. Although an application for a group registration may be filed any time before the copyrights expire, a photograph must be registered in a timely manner in order to seek statutory damages and attorney's fees in an infringement action. Specifically, a copyright owner typically may seek these remedies if the photograph was registered (i] before the infringement commenced or (ii] within three months after the first publication of that work. See 17 U.S.C. § 412. Therefore, the Office strongly encourages applicants who use this group registration option to submit the application, deposit copies, and filing fee within three months after the earliest publication date in the group. See Registration of Claims to Copyright, Group Registration of Photographs, 65 Fed. Reg. 26,162, 26,164 (May 5, 2000].

Example:

• John Olsen published two photographs on April 1st and May 1st. On August 1st, John submitted an application to register his photographs, together with the correct filing fee and the proper deposit copies. The Office issued a group registration with an effective date of registration of August 1st. If a third party infringed these photographs on July 1st, John may be able to claim statutory damages and attorney's fees for the photograph which was published on May 1st. However, he would not be able to claim these remedies for the photograph that was published on April 1st, because that photograph was registered more than three months after the work was first published.

There is another incentive for applicants who promptly register their photographs with the Office. As discussed in Section 1116.1, applicants who submit a group of

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