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, Third Edition 1509.1(C)(4)(e) Special Relief for Computer Programs Containing Trade Secrets

If the applicant is unable or unwilling to deposit source code using any of the options discussed in Sections 1509.1(C)(4)(b) and 1509.1(C)(4)(c), the applicant may ask for special relief from the deposit requirements. For information concerning this procedure, see Section 1508.8.

See 37 C.F.R. § 202.20(d)(l)(iv); Notice of Inquiry Deposit of Computer Programs and Other Works Containing Trade Secrets, 48 Fed. Reg. 22,951, 22,953-54 (May 23, 1983).

1509.1(C)(5) Computer Programs Fixed in a CD-ROM

"[A] CD-ROM package, whenever available, is the preferred form of deposit for the works embodied therein, both for registration and mandatory deposit." Registration of Claims to Copyright: Deposit of CD-ROM Format, 56 Fed. Reg. 47,402 (Sept. 19, 1991).

If a computer program has been fixed in a CD-ROM, the applicant must submit "one complete copy of the entire CD-ROM package, including a complete copy of any accompanying operating software and instructional manual" for the program. 37 C.F.R. § 202.20(c)(2)(xix)(A). In addition, the applicant should submit a portion of the source code for the specific version of the program that the applicant intends to register.

CD-ROMs typically contain a copy of the source code for the computer program that has been converted or compiled into object code. If the applicant fails to submit identifying material a member of the Registration Program may conduct a brief search of the files and folders on the CD-ROM to determine whether the code can be viewed. If a member of the Registration Program is unable to locate or access the code from the CD-ROM, he or she will ask the applicant to submit a file or print out containing an appropriate portion of the code. Id. § 202.20(c)(2)(xix)(B). The requirements for the submission of source code are discussed in Sections 1509.1(C)(1) through 1509.1(C)(4) above.

See generally Registration of Claims to Copyright; Mandatory Deposit of Machine- Readable Copies, 54 Fed. Reg. 42,295, 42,298 (Oct. 16, 1989) ("The Examining Division is required to examine for copyrightable authorship. Machine-readable copies are generally unsuitable for this task.").

1509.1(C)(6) Object Code

Section 410(a) directs the Register of Copyrights to examine claims to copyright and to determine whether the material deposited "constitutes copyrightable subject matter." 17 U.S.C. § 410(a). The U.S. Copyright Office considers source code to be the best representation of the copyrightable literary authorship in a computer program for examining purposes. By contrast, object code cannot be examined for copyrightable authorship, because it is written in a machine language that is unintelligible to human beings.

If the applicant is unable to deposit source code, the applicant may submit the first twenty-five pages and last twenty-five pages of object code for the specific version of the program that the applicant intends to register. The applicant must state in writing that the work deposited contains copyrightable authorship, and the applicant must request

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