Page:Copyright Office Compendium 3rd Edition - Full.djvu/880

, Third Edition performance of the work or that would cause mechanical, visual, or audible defects or distortions." 37 C.F.R. § 202.19(b)(2).

In the case of an electronic work published in the United States that is available only online, a copy is "complete" "if it includes all elements constituting the work in its published form, i.e., the complete work as published, including metadata and formatting codes otherwise exempt from mandatory deposit." 37 C.F.R. § 202.19(b)(2).

Online-only works are exempt from the mandatory deposit requirement, except for electronic serials that are demanded by the U.S. Copyright Office. 37 C.F.R. §§ 202.19(c)(5), 202.24; Mandatory Deposit of Published Electronic Works Available Only Online, 75 Fed. Reg. 3863, 3865 (Jan. 25, 2010).

The mandatory deposit requirement only applies to works published in the United States. Unpublished works and works that are published solely outside the United States are not subject to this requirement.

Mandatory deposit does apply to works that are published simultaneously in both a foreign country and in the United States. It applies to works that are first published in a foreign country and then subsequently published or distributed in this country. It also may apply to unpublished transmission programs transmitted in the United States. For information concerning foreign works, see Section 1511.4. For information concerning transmission programs, see Section 1511.5.

Section 407 also states that the Register of Copyrights "may by regulation exempt any categories of material from the deposit requirements of this section, or require deposit of only one copy or phonorecord with respect to any categories." 17 U.S.C. § 407(c). The Office has issued exemptions for the following categories of works:

• Tests and answer material for tests when published separately from other literary works. 37 C.F.R. § 202.19(c)(8).

• Lectures, sermons, speeches, and addresses when published individually and not as part of a collection of the works of one or more authors. 37 C.F.R. § 202.19(c)(3).

• Works first published as an individual contribution to a collective work. 37 C.F.R. § 202.19(c)(9).

NOTE: This exemption does not apply to the copyright owner or owner of the exclusive right of publication in the collective work as a whole.

• Literary, dramatic, and musical works published only in phonorecords. 37 C.F.R. § 202.19(c)(4).

NOTE: This exemption only applies to the literary, dramatic, or musical work that is embodied in a sound recording. The copyright owner or the owner of the exclusive

1511.2(E)

Electronic Works

1511.3

Works Exempt from Mandatory Deposit

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