Compendium of U.S. Copyright Practices, 3rd Edition

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1010.2 Deposit Requirements for Works Published Online and in Hard Copy Format

1010.2 Deposit Requirements for Works Published Online and in Hard Copy Format

If the work was published both online and in a hard copy form (e.g., paper, discs, film, or other physically tangible media), the applicant generally should submit two complete copy(ies) or phonorecord(s) of the work as it was first published in the hard copy format. See 37 C.F.R. § 202.20 (B) (1). For example, if an article was published simultaneously on a website and in a magazine, the applicant must submit two complete copies of the article as it appeared in the magazine. For information concerning the deposit requirements for works published in hard copy formats, see Chapter 1500, Sections 1507.1 and 1508.2.

In particular, the applicant should submit two complete copies of the best edition if the work was published in the United States on or after January 1, 1978. The criteria used to determine the best edition for a particular work are listed in the “Best Edition Statement,” which is set forth in Appendix B to Part 202 of the Office’s regulations. It is also posted on the Office’s website in Best Edition of Published Copyrighted Works for the Collections of the Library of Congress (Circular 7b). For more information concerning the best edition requirement, see Chapter 1500, Section 1504.

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