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1108.2 (D) Discrete, Self-Contained Collective Works

 

1108.2 (D) Discrete, Self-Contained Collective Works

 

Each newspaper issue in the group must be fixed and distributed as a discrete, self- contained collective work. 37 C.F.R. § 202.4 (E) (2).

 

An applicant may satisfy this requirement if the newspaper as a whole is fixed in a tangible medium of expression, and the content of each issue does not change once it has been distributed. For example, a publisher that hand-delivers each issue to its subscribers, or distributes them through newsstands, vending machines, or other retail outlets, would satisfy this requirement because the newspaper is clearly fixed and distributed in a physical format. A publisher that emails an electronically printed (“ePrint”) newspaper to its subscribers may satisfy this requirement if each issue contains a fixed selection of content, such as a PDF version of a physical publication. Similarly, a publisher that allows its subscribers to download an ePrint newspaper from its website may satisfy this requirement if each issue is distributed as a collective work and the content of each issue does not change once it has been distributed.

 

By contrast, a newspaper website would not satisfy this requirement. Newspaper websites typically add, archive, and/or replace content on a continuing basis. As such, they are not fixed and distributed as discrete, self-contained works. Moreover, these updates are rarely distributed on an established schedule, and rarely contain numerical or chronological designations distinguishing one update from the next. For this reason, websites are not considered “newspapers” for purposes of registration.

 

See Group Registration of Newspapers, 82 Fed. Reg. 51,369, 51,373 (Nov. 6, 2017).