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, Third Edition COMPENDIUM: Chapter 1500

Deposits

1501 What This Chapter Covers

This Chapter discusses the deposit requirements for a variety of creative works. It is divided into two parts: Sections 1503 through 1510 discuss the deposit requirements for copyright registration, while Section 1511 discusses the mandatory deposit requirement {i.e., the deposit to the Library of Congress that is required of all works that are published in the United States). The information in this Chapter applies only to works subject to copyright protection under the 1976 Copyright Act.

• For a discussion of the deposit requirements for works first copyrighted under federal law prior to January 1, 1978, see Chapter 2100.

• For a discussion of the deposit requirements for mask works, see Chapter 1200, Section 12 10.2 (C).

• For a discussion of the deposit requirements for vessel designs, see Chapter 1300, Section 1313.

1502 Deposit for Registration Distinguished from Mandatory Deposit

The U.S. Copyright Act provides for two separate sets of deposit requirements: deposits submitted in connection with registration applications and those submitted in accordance with the mandatory deposit provisions (or "legal deposit" provisions) of the law. The U.S. Copyright Office administers both sets of provisions.

The Register of Copyrights specifies by regulation the form of deposit that must accompany a copyright claim and registration application. Said regulations reflect and inform the ability of the Office to examine the work for copyrightable authorship, to verify the authorship claimed in the application, and to verify the facts stated in the application. Deposits may also be used for evidentiary purposes in litigation involving a copyrighted work. Since registration is not required as a condition for copyright protection, the Register has the authority to adjust or exempt the deposit requirements as appropriate for certain works or application procedures, weighing the needs or concerns of applicants and the public. 17 U.S.C. §§ 407(c), 408(c)(1). Deposits may also be selected by the Library of Congress. 17 U.S.C. § 704.

Mandatory deposit is a statutory requirement for the benefit of the national collection of the Library of Congress. Section 407 of the Copyright Act provides that the owner of copyright or the owner of the exclusive right of publication in a work published in the United States must deposit two copies or phonorecords of the work within three months after publication. 17 U.S.C. § 407(a). As noted above and discussed below in Section 1511.3, the Register has exempted certain works from this requirement.

In most cases, a deposit submitted for registration may be used to satisfy the mandatory deposit requirement, provided that the applicant submits two complete copies or two

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