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1010.3 Deposit Requirements for Unpublished Works and Works Published Solely Online

 

1010.3 Deposit Requirements for Unpublished Works and Works Published Solely Online

 

In most cases, the applicant does not need to satisfy the best edition requirement in order to register a website or to register a work that has been published solely online (although as discussed in Section 1010.6 (H), there is a limited exception to this rule for electronic serials). Instead, the applicant may submit an electronic copy of the work, provided that the applicant submits the deposit in an acceptable file format. A current list of acceptable file formats is posted on the Office’s website. In the alternative, the applicant may submit identifying material that adequately represents the authorship claimed in the application.

 

The preferred formats and methods for submitting the deposit for an unpublished work or a work that is published solely online, in order of preference, are as follows:

 

• Uploading electronic files to the electronic registration system: When submitting an online application through the electronic registration system, the applicant may upload a PDF-A, PDF file, PDF package, or PDF portfolio that contains all of the website content that is claimed in the application. Any audio or audiovisual content should be submitted in separate files. The deposit also should include a note that identifies the URL(s) where such files reside. Additional guidance on uploading files is provided on the Office’s website.

 

• Submitting electronic files by mail, commercial carrier, courier, or hand delivery: When submitting an online application or a paper application, the applicant may deposit a PDF-A file, PDF file, PDF package, or PDF portfolio that contains all of the website content that is claimed in the application. Any audio or audiovisual content claimed should be submitted in separate files. All of the files should be burned onto a computer disc, and the deposit should include a note that identifies the URL(s) where the files reside. The disc may be delivered to the Office by mail, commercial carrier, courier, or hand delivery. For guidance on this procedure, see Chapter 1500, Section 1508.3 through 1508.5.

 

• Identifying material: When submitting an online application or a paper application, the applicant may deposit a printout of all the pages of the website that are claimed in the application, along with a disc or other appropriate media containing any audio or audiovisual content that is included in the claim. In the alternative, the applicant may deposit identifying material in the format that is most appropriate for the type of authorship that is claimed in the application, provided that the identifying material includes all of the authorship being claimed. For example, the applicant may submit printouts for websites that contain text and artwork, but do not contain sound, music, or audiovisual elements. The applicant may submit audio or audiovisual files for websites containing sound, music, or audiovisual elements. A site map may be used as the identifying material for a claim based on the organization of the pages within a website. However, a claim based on the selection, coordination, and/or arrangement of audio or audiovisual files cannot be included in the claim unless the selection, coordination, and/or arrangement of the audio or audiovisual files is provided. In all cases, identifying material may be delivered to the Office by upload, mail, commercial carrier, courier, or hand delivery. For guidance on this procedure, see Chapter 1500, Section 1508.3 through 1508.5.

 

NOTE: When submitting an online application and delivering the deposit by mail, commercial carrier, courier, or hand delivery, the applicant must attach a shipping slip to each deposit. If the applicant fails to attach a shipping slip to each deposit, the Office will be unable to connect the deposit with the application. For information concerning this procedure, see Chapter 1500, Section 1508.2.

 

Examples:

 

• Patrick O’Connor created all the text that appears on a website that describes points of interest in the Shenandoah Valley. Users may view this content, but the terms of service expressly state that the site is only intended for public display. The text may be registered as an unpublished work. Therefore, Patrick may upload this content to the electronic registration system in one or more digital files, provided that the text is submitted in an acceptable format, such as .txt, .pdf, .docx, .wpf, and provided that the files contain all the copyrightable text that is claimed in the application.

 

• On November 3, 2013 Joseph Andres posted dozens of photographs to a stock photography website that allows users to download or reproduce images for their own personal use. The photographs may be registered as published works. Joseph may upload electronic copies of these images through the electronic registration system, either by submitting a separate application for each photograph or by submitting an application to register a group of published photographs.