Page:Copyright Office Compendium 3rd Edition - Full.djvu/882

, Third Edition 1511.4 Mandatory Deposit for Works Published Outside the United States

Works published solely in a foreign country are not subject to the mandatory deposit requirement.

As a general rule, works that are published both in a foreign country and in the United States are subject to mandatory deposit. However, works that are published abroad and subsequently published in the United States without any change in the copyrightable content of the work are exempt from mandatory deposit if the following conditions have been met:

• The work was registered with the U.S. Copyright Office before it was published in the United States; or

• The work was registered after it was published in the United States but before the Office issued a demand for the work under Section 407(d) of the Copyright Act.

37 C.F.R. §202.19(c)(10).

1511.5 Mandatory Deposit for Unpublished Transmission Programs

Most unpublished works are exempt from the mandatory deposit requirement, although there is a limited exception to this rule. Specifically, the Register of Copyrights may issue a written demand for a copy or phonorecord of an audio or audiovisual transmission program for the use or disposition of the Library of Congress, even if that program is unpublished. 17 U.S.C. § 407(e); 37 C.F.R. § 202.22(d).

A "transmission program" is defined as "a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit." 17 U.S.C. § 101. This category includes audio or audiovisual transmissions made "via the Internet, cable, broadcasting, and satellite systems and via any other existing or future devices or processes for the communication of a performance or display whereby images or sounds are received beyond the place from which they are sent." 37 C.F.R. § 202.22(b)(1).

For additional information concerning this procedure, see 37 C.F.R. § 202.22(d).

1511.6 Mandatory Deposit for Electronic Serials

As a general rule, the mandatory deposit requirement does not apply to electronic works published in the United States that are available only online. However, there is a limited exception to this rule.

The copyright owner or owner of the exclusive right of publication in an electronic serial published on or after February 24, 2010 is subject to mandatory deposit if the Office issues a written demand for a copy of that work for the use or disposition of the Library of Congress. See 37 C.F.R. §§ 202.19(c)(5), 202.24(a).

For purposes of mandatory deposit, an "electronic serial" is defined as "an electronic work published in the United States and available only online, issued or intended to be

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