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, Third Edition works, the deposit requirements vary depending on whether the work has been fixed on a CD-ROM or another type of machine-readable copy.

1509.2(E)(1) Audiovisual Works Fixed in a CD-ROM

To register an audiovisual work that is fixed in a CD-ROM the applicant should submit one complete copy of the entire CD-ROM package, "including a complete copy of any

accompanying operating software and instructional manual " 37 C.F.R. §

202.20(c)(2)(xix)(A).

A complete copy of a published CD-ROM package includes all the elements comprising the applicable unit of publication, "including elements that if considered separately would not be copyrightable subject matter or could be the subject of a separate registration." Id.

If a member of the Registration Program is unable to view the CD-ROM using standard Office equipment, the Office may accept alternative deposit materials under a grant of special relief (in addition to the complete CD-ROM package). See id. §

202.20(c)(2)(xix)(B).

If the work has been fixed in any other medium of expression, the applicant should refer to Section 1509.2(E)(2).

1509.2(E)(2) Audiovisual Works Fixed in Machine-Readable Copies Other Than a CD-ROM

To register an audiovisual work that has been fixed or published solely in machine- readable copies other than a CD-ROM, the applicant should submit identifying material, such as:

• A videotape or a series of photographs depicting representative portions of the copyrightable content of the work; and

• A separate synopsis of the work.

37 C.F.R. § 202.20(c)(2)(viii)(B). The applicant also may submit any packaging and/or instructional material that accompanies the pictorial images, if that material contains copyrightable authorship.

Examples of audiovisual works that fall within this category include arcade games and videogames that are not fixed on CD-ROMs.

In all cases, the applicant should include the title of the work on the identifying material. If the work has been published the applicant also should include the copyright notice for the work (if any). Id. § 202.20(c)(2)(viii).

NOTE: If the applicant is unable to submit identifying material using any of these options, the applicant may ask for special relief from the deposit requirements. For information concerning this procedure, see Section 1508.8.

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