Page:Copyright Office Compendium 3rd Edition - Full.djvu/732

, Third Edition • The database and/or the updates or revisions to the database must be fixed solely in machine-readable copies.

• The database and/or the updates or revisions must be created within a three-month period within a single calendar year [e.g., February 1, 2007 through April 30, 2007; May 1, 2008 through July 31, 2008; September 1, 2009 through November 30, 2009].

If the database has been published, the applicant must satisfy the following conditions:

• The database and/or the updates or revisions must be published solely in machine- readable copies.

• The database and/or the updates or revisions must be published within a three- month period within a single calendar year [e.g., June 1, 2011 through August 31, 2011; July 1, 2010 through September 30, 2010; September 1, 2012 through November 30, 2012).

• If the database was published before March 1, 1989, each update or revision must bear a separate copyright notice, the notice must contain the copyright owner's name (or an abbreviation by which the owner can be recognized or a generally known alternative designation for the owner), and the name that appears in each notice must be the same.

See 37 C.F.R. § 202.3(b)[5)(i)(A)-(F).

Databases, updates, or revisions that do not satisfy these requirements cannot be registered using this group registration option.

1117.4 Application Requirements

As a general rule, the applicant must use a paper application to register a database and/or a group of updates or revisions to that database. See 37 C.F.R. § 202.3(b)(5)(ii)(A). Unlike most group registration options, applicants do not need to use a special form. Instead, the applicant should use the form that is most appropriate for the subject matter of the works that appear in the database. See id. For example, if the works in the database consist primarily of words, numbers, or other verbal or numerical symbols or indicia, the applicant should use Form TX. If the works consist predominantly of photographs, the applicant should use Form VA. For guidance on completing the paper application, see Section 1117.7.

There is a limited exception to this rule. A database that consists predominantly of photographs and/or the updates or revisions to that database may be registered with an online application as a result of a pilot project. See 37 C.F.R. § 202.3(b)(5)(ii)(A). Before completing an online application, the applicant must contact the Visual Arts Division at (202) 707-8202 to coordinate the filing and to obtain proper guidance concerning the information that should be included in the application and the proper method for submitting the deposit copies. Applicants will be permitted to file an online application for a database that consists predominantly of photographs only if they obtain

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