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1508.1 Electronic Deposit Copy(ies)

 

1508.1 Electronic Deposit Copy(ies)

 

When completing an online application, the applicant may submit deposit copy(ies), phonorecords, or identifying material in an electronic format, provided that the work satisfies the requirements set forth in Section 1507.2. If the work does not satisfy these requirements, the applicant must submit the deposit copy(ies) in a hard copy format.

 

If the applicant submits a work that is not eligible for submission in electronic format, a member of the Registration Program may communicate with the applicant to request a proper deposit. This process will delay the examination of the application and may change the effective date of registration.

 

The preferred methods for submitting the deposit in electronic format, in order of preference, are as follows:

 

• Uploading electronic files to the electronic registration system: When submitting an online application, the applicant may upload a digital file to the Office’s server that contains a complete copy of the work that is claimed in the application. Guidance on how to upload the files is available on the Office’s website.

 

• Submitting electronic files by mail, by commercial carrier, such as Federal Express or United Parcel Service, by courier, or by hand delivery: When submitting an online application or a paper application, the applicant may submit a digital file that contains a complete copy of the work that is claimed in the application. The files should be saved onto a physical storage device, such as a flash drive, CD-ROM, DVD, or the like. The storage device may be delivered to the Office by mail, commercial carrier, courier, or hand delivery. For guidance on this procedure, see Sections 1508.3 through 1508.5.

 

• Identifying material: If identifying material is permitted or required for the deposit, applicants are encouraged to submit that material in an electronic format. Specifically, applicants may upload the identifying material to the Office’s server in the format that is most appropriate for the type of authorship that is claimed in the application. Alternatively, applicants may download the identifying material onto a physical storage device, such as a flash drive, CD-ROM, or DVD, and may deliver that device to the Office by mail, commercial carrier, courier, or hand delivery. For guidance on this procedure, see Sections 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 Section 1508.2.

 

The applicant must submit the electronic deposit copy(ies), phonorecords or identifying material in an acceptable file format, regardless of whether they are uploaded through the electronic registration system or submitted on a physical storage device. If the applicant fails to submit the deposit copy(ies) in an acceptable file format the registration specialist will refuse registration.

 

A current list of acceptable file formats is posted on the Office’s website. The list includes, but is not limited to, the following file formats:

 

• pdf

• txt

• wpd

• doc

• tif

• svg

• jpg

• html

• wav

• mpeg, including mp3

 

37 C.F.R. § 202.20 (B) (2)(iii) (C).

 

The work should be submitted in a form that allows it to be perceived as a complete work of authorship. The registration specialist must be able to perceive the entire content of the work, including the context where each element appears within the work as a whole. The specialist may communicate with the applicant or may refuse registration if the applicant submits separate files or folders containing unassembled content or elements that have been disassociated from the context where they originally appeared within the work as a whole.

 

There is a maximum size restriction for each file that is uploaded to the electronic registration system. Specifically, the system will not accept any file that is more than 500 MB in size. Before uploading a file to the system, the applicant should confirm that the file does not exceed this size limit.

 

The system also has a 120 minute “time out” feature that automatically terminates the upload process if it takes more than two hours to complete. Depending on the connection speed of the applicant’s computer, it may be necessary to split the deposit into separate files to ensure that the upload can be completed in two hours or less.

 

If the applicant intends to upload a large number of files, the Office encourages the applicant to submit the deposit in one or more compressed ZIP files. But in all cases, the files within the ZIP file must be submitted in an acceptable file format. If the ZIP file contains any files that do not appear on the list of acceptable file formats, the registration specialist may communicate with the applicant or refuse to register the claim.

 

Before uploading a ZIP file, the applicant should confirm that the file does not exceed the 500 MB size limit mentioned above. If the applicant intends to upload a very large file, the Office encourages the applicant to compress the deposit or to separate the deposit into two or more smaller files. Alternatively, the applicant may upload the deposit during two or more upload sessions; information concerning this procedure is available on the Office’s website.

 

If the applicant is unable to upload the deposit with these options, then as discussed above, the applicant may save the deposit copy(ies) onto a physical storage device and deliver it to the Office by mail, commercial carrier, courier, or hand delivery, together with a shipping slip that connects the deposit with the online application.