1010.7 Mandatory Deposit
Mandatory deposit is a statutory requirement for the benefit of the national collection of the Library of Congress. Section 407 of the Copyright Act states that the owner of copyright or the owner of the exclusive right of publication in a work published in the United States shall deposit two copies or phonorecords of the work within three months after publication. 17 U.S.C. § 407 (A).
The mandatory deposit requirement generally does not apply to works published in the United States that are available only online. However, there is a limited exception to this rule. Electronic serials published on or after February 24, 2010 are subject to mandatory deposit if the U.S. Copyright Office issues a written demand for a copy or phonorecord 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 issued on an established schedule in successive parts bearing numerical or chronological designations, without subsequent alterations, and intended to be continued indefinitely.” Id. § 202.19 (B) (4).
For additional information concerning the mandatory deposit requirements for electronic serials, see Chapter 1500, Section 1511.6.