Page:Copyright Office Compendium 3rd Edition - Full.djvu/820

, Third Edition • Printed materials

• CDs

• DVDs

• Fabric

• Film

The deposit requirements for works fixed in hard copy format vary depending on whether the work is unpublished or published.

• Unpublished works: For unpublished works fixed in hard copy format, the applicant should submit one complete hard copy of the work. If the unpublished work is fixed in both electronic and hard copy format, the applicant may submit one complete copy in an electronic format (provided that the requirements set forth in Section 1507.2 have been met).

• Published works fixed solely in hard copy format: For published works fixed solely in hard copy format the applicant should submit complete copy(ies) or phonorecord(s) of the work in hard copy format.

• Published works fixed in both electronic and hard copy format: If the work was first published in both electronic and hard copy formats, the applicant generally must submit complete copy(ies) or phonorecord(s) in hard copy format. See 37 C.F.R. § 202.20(b)(1).

The U.S. Copyright Office will not ordinarily conduct research as to whether a different deposit is required [e.g., best edition) and generally leaves this factual determination to the applicant. In such cases, the Office leaves it to a court to determine whether a failure to meet the applicable deposit requirement was a knowing misrepresentation upon the Office.

For a definition of the term "complete," see Section 1505. For information on the deposit requirements for specific types of works that are typically fixed in hard copy format, see Sections 1509.1 through 1509.3.

1507.2 Electronic Format

Electronic deposit copy(ies) are copies or phonorecords embodied in electronic format, rather than or in addition to a hard copy format. Applicants may submit registration deposit copy(ies) in electronic format, provided that (i) the copy(ies) are "complete" as defined in Sections 1505.3 and 1505.4, (ii) the copy(ies) are submitted in one of the acceptable file formats discussed in Section 1508.1, and (ii) one or more of the following conditions has been met:

• The work is unpublished.

• The work is not subject to the best edition requirements.

• The work has been published only in electronic format.

Chapter 1500 : 13

12/22/2014 Chapter _00 : 13