Copyright Compendium

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Chapter 1900
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Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

1010.5 The Deposit Material Must Match the Material Claimed in the Application

 

1010.5 The Deposit Material Must Match the Material Claimed in the Application

 

Frequently, applicants seek to register published website content, but fail to deposit the content that existed on the website as of the date of publication specified in the application. In some cases, the applicant provides the date that the website was first published, but instead of depositing the content that appeared on the site as of that date, the applicant deposits the content that appeared on the website on the date that the application was filed. In other cases, the applicant intends to register the most recent version of a website, but instead of providing the date of first publication for that version, the applicant provides the date that the website first appeared on the internet.

 

To register material from the initial version or any subsequent version of a published website, the applicant must deposit an acceptable copy or phonorecord of the specific version that the applicant intends to register and the applicant must provide the correct date of first publication for that version. If the date of publication specified in the application does not match the version reflected in the deposit copy(ies), the registration specialist may communicate with the applicant to determine if the correct version has been submitted.

 

Examples:

 

• Capitol City Cupcakes owns a website that went live on June 1, 2009. The company submits a copy of all the text, artwork, and other copyrightable content that appeared on the site on June 1, 2009 and states that the content was first published on that date. The registration specialist will register the claim. The registration will cover the content as it existed on June 1, 2009, but it will not cover any new material that has been added to the site since then.

 

• DC Doughnuts owns a website that first appeared on the internet on July 1, 2013. A year later the company decides to register all of the photographs, illustrations, and other copyrightable content that appeared on the initial version of the site. The applicant states that the website was first published on July 1, 2013, but submits a copy of the website as it existed on July 1, 2014. The registration specialist will communicate with the applicant to determine if the date of publication is correct, and if so, to request an appropriate copy of the content that appeared on the site as of July 1, 2013.