Mandatory Deposit
What is mandatory deposit?
Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright or
of the exclusive right of distribution to deposit in the U.S. Copyright Office
for the use of the Library of Congress two complete copies of the best edition
within 3 months after a work is published. Copies of all works under copyright
protection that have been published or distributed in the United States must
be deposited with the Copyright Office within 3 months of the date of first
publication. (See Copyright Office Circular
7d, Mandatory Deposit of Copies or Phonorecords for the Library of Congress, and
the Deposit Regulation 202.19.)
Electing not to register your copyright in the work with the Copyright Office
does not exempt you from the mandatory deposit provision of the law.
We are a foreign publisher. Do we need to submit our publication
to comply with the U.S. deposit requirement?
Yes. If you distribute your work in the United States, you are subject to the
deposit requirements of the United States. These requirements apply to a work
that is first published in a foreign country as soon as that work is distributed
in the United States through the distribution of copies that are either imported
or are part of an American edition. The deposit requirement is one copy.
What is the difference between mandatory deposit and copyright
registration?
Mandatory deposit (17 U.S.C. section
407) requires the owner of copyright or the exclusive right of distribution
to deposit in the Copyright Office for the use of the Library of Congress two
complete copies of the best edition within 3 months after a work is published.
Section 408 of the copyright law, for a fee, provides the option to formally
register the work with the U.S. Copyright Office. This registration process
provides a legal record of copyright ownership as well as additional legal
benefits in cases of infringement. Optional registration fulfills mandatory
deposit requirements.
Where do I send my published works to comply with mandatory deposit?
Send deposit copies to:
Library of Congress
Copyright Office-CAD 407
101 Independence Avenue, SE
Washington, DC 20559-6607
If I choose to register my copyright, should I use the same address that
I use for mandatory deposit?
No. If you choose to register your work, file your application and pay the
fee online with eCO, the Electronic Copyright Office. If you cannot
file online, use Form CO. If you send a hard-copy deposit and file using
eCO, include the shipping slip that is created when you fill out the application
on your computer. If you file using Form CO, send the work, the completed application
form, and the fee, and the shipping slip in one package. Use this address for
both eCO registrations and Form CO registrations: Library of Congress U.S.
Copyright Office 101 Independence Avenue SE Washington, DC 20559-**** To expedite
the processing of your claim, use the address above with the zip code extension
for your type of work: 6222 for literary work,
6211 for visual arts work, 6233 for performing arts work, 6238 for motion picture
or other audiovisual work, 6237 for sound recording, 6226 for single serial
issue
Is there an exception to mandatory deposits?
Yes. Under certain circumstances, special relief from deposit requirements
may be granted. The grant of special relief is discretionary with the U.S.
Copyright Office and will depend on a careful balance of the acquisition
policies of the Library of Congress, the examining requirements of the Copyright
Office (if registration is sought), and the hardship to the copyright owner.
Requests must set forth specific reasons why special relief should be granted
and must be signed by or on behalf of the owner of copyright or the owner
of the exclusive right of distribution in the work. They would be sent as
follows:
Library of Congress
Copyright Office
Chief, Copyright Acquisitions Division
101 Independence Avenue, SE
Washington, DC 20559-6600
Fax: 202-707-4435
OR:
If registration is sought:
Library of Congress
Copyright Office
Chief, Examining Division
101 Independence Avenue, SE
Washington, DC 20559-6000
Fax: 202-707-3698
If my publication does not have a copyright notice, do I still have to deposit?
Yes. On March 1, 1989, the qualification "with notice of copyright"
was eliminated from the mandatory deposit provision (Public
Law 100-568). As a result of this change, all works under copyright protection
that are published in the United States on or after March 1, 1989, are subject
to mandatory deposit whether published with or without a notice.
What is the difference between the mandatory deposit obligation
and the Cataloging in Publication (CIP) obligation?
Mandatory deposit is a legal obligation (17 U.S.C. section 407) and applies
to all U.S. and foreign publishers distributing their works in the United
States. A CIP obligation is limited to those publishers who have entered
a contractual agreement with the Library of Congress. In exchange for the
Library providing preliminary cataloging information to the publisher for
works submitted to the CIP program, the publisher agrees to provide a copy
of the publication to the Library of Congress.
Will my Cataloging In Publication (CIP) copy fulfill my mandatory
deposit obligation?
No. CIP is a separate program within the Library of Congress that requires
participating publishers to submit one copy of published works. The CIP is
in addition to the two copies required for mandatory deposit.
If I send deposit copies of a sample issue of my serial publication
to the Register of Copyrights, have I fulfilled the deposit requirement
with respect to my serial publication?
No. For copyright purposes each serial issue is considered a separate work.
You must deposit two copies of each issue within three months after the date
of publication. If you do not intend to register, you may find it convenient
to add the address of the Register of Copyrights to your mailing list so
that two copies are automatically sent to the Copyright Office each time
an issue is published.
I have already deposited identifying material to register my computer
software as described in Circular 61-Copyright
Registration for Computer Programs. Why am I now being requested
to send the actual software?
As described in Circular 61, the deposit
requirement for registration is one copy of identifying portions of the computer
program. However, to satisfy the mandatory deposit under section 407, a "complete
copy" of the published work must be deposited. A complete copy is defined
in the regulations as a copy that includes all components that make up the
unit of publication, even if any of those units are in the public domain.
So, if the published user guide is normally part of a package that contains
other elements, then the mandatory deposit requirement requires the deposit
of those other elements, too. For example, if the user guide is published
as part of a package that contains a CD-ROM, an installation guide, and installation
software, then each of these other elements must be deposited in addition
to the user guide to fulfill the mandatory deposit requirement.
Newspapers on Microfilm
If the Library of Congress does not want to retain
my newspaper in the microfilm collection, do I still need to submit a copy of
the 35mm silver positive to apply for the copyright registration?
If the Library of Congress decides not to retain your microfilm in the newspaper
microfilm collection, the Copyright Acquisitions Division (CAD) of the Copyright
Office may exempt you from sending the microfilm. CAD will notify you if your
newspaper is exempt. However, the Library reserves the right to reverse this
decision. If the Library decides to retain your newspaper in the collection in
the future, CAD will issue to your organization a request for the microfilm deposit.
If the Library of Congress does not want to add our newspaper to its
collection, can we still register our copyright with the Copyright Office?
Yes. In this case, an optional deposit may accompany the application. This deposit
should consist of (a) complete print copies of the first and last issues of the
month; or (b) print copies of the first section of the first and last issues
of the month; or (c) print copies of the first page of the first and last issues
of the month. For more information about the optional deposit, you may contact
the Copyright Literary Division at 202-707-8250.
What are the requirements for applying for the newspaper group registration?
A group of newspaper issues may be registered on Form G/DN only if all the following
conditions are met. (1) The newspaper is a daily newspaper. (2) The submission
includes all issue dates within the calendar month within the same year. (3)
The submission includes a complete month's issues in microfilm form, unless specifically
exempted. (4) Each issue essentially must be an all-new collective work. (5)
The work must be a work made for hire. (6) The author and copyright claimant
must be the same person or organization. (7) The application Form G/DN must be
filed within three months after the last publication date included in the group.
How do I register my daily newspaper through group registration?
In a single package, send a completed and signed form G/DN, a deposit of a positive
35mm silver-halide microfilm that includes all issues within the calendar month,
and a $70 filing fee to:
Library of Congress
Copyright Office-SE
101 Independence Avenue, SE
Washington, DC 20559-6226
Since copyright protection exists when the work is created, is it necessary
to apply for copyright registration for our newspaper? What are the benefits
of copyright registration?
Even though copyright protection is secured automatically upon creation, there
are certain definite advantages to copyright registration. Registration establishes
a public record of the copyright claim. Before an infringement suit may be filed
in court, registration is necessary for works of U.S. origin. If made before
or within five years of publication, registration establishes prima facie evidence
in court of the validity of the copyright and of the facts stated in the certificate.
If registration is made within three months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's fees will
be available to the copyright owner in court actions. Also, registration allows
the owner of the copyright to record the registration with the U.S. Customs Service
for protection against importation of infringing copies.
Note: The Copyright Office offers
introductory answers to frequently asked questions about copyright,
registration, and services of the Office. Links throughout the
answers will guide you to further information on our website
or from other sources. For any other questions, please visit
our Contact Us page. |
|