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1509.1 (G) (2) Databases That Do Not Consist Predominantly of Photographs

1509.1 (G) (2) Databases That Do Not Consist Predominantly of Photographs


This Section discusses the deposit requirements for a database that does not consist predominantly of photographs.


The applicant should submit identifying portions for the specific version of the database that the applicant intends to register, regardless of whether the database is published or unpublished. The identifying portions should be submitted on paper or in microfilm and should be visually perceptible without the aid of a machine or device. See 37 C.F.R. § 202.20 (C) (2)(vii) (D).


The amount of material that is required varies depending on whether the applicant intends to register a revised database, and whether the database contains a single data file or multiple separate and distinct data files. For purposes of registration, a data file is a group of records pertaining to a common subject matter, regardless of the size or the amount of data within the records. Id. § 202.20 (C) (2)(vii) (D) (2).


• If the database contains a single data file, the applicant should submit the first twenty-five pages and last twenty-five pages or equivalent units of the database. In addition, the applicant should submit a statement confirming that the work is a single-file database that does not require a descriptive statement.


• If the applicant intends to register a database that contains multiple separate or distinct data files, the applicant should submit fifty complete data records from each data file or the entire data file, whichever is less. In addition, the applicant should submit a descriptive statement that contains the information set forth in Chapter 1100, Section 1112.7 (C), and that clearly identifies the creative authorship involved in selecting, coordinating, and/or arranging the content of the database.


• If the applicant intends to register a revised version of a database that contains a single data file, the applicant should submit fifty representative pages or data records that were added to or modified in that version. In addition, the applicant should submit a statement confirming that the work is a single-file database that does not require a descriptive statement.


• If the applicant intends to register a revised version of a database that contains multiple separate or distinct data files, the applicant should submit fifty representative pages or data records that were added to or modified in that version. In addition, the applicant should submit a descriptive statement that contains the information set forth in Chapter 1100, Section 1112.7 (C), and that clearly identifies the new authorship involved in selecting, coordinating, and/or arranging the content of the revised database.


See id. § 202.20 (C) (2)(vii) (D) (1), (3), (4), (5).


If the database contains a copyright notice, the applicant should provide the following information:


• If the notice is in a machine-readable format, the applicant should provide the exact content of the notice and indicate the manner and frequency with which it is displayed (e.g., at a terminal when a user signs on, continuously on the terminal display, on printouts from the database, etc.).


• If the notice appears on copies of the database or on magnetic tape reels or the containers for those reels, the applicant should submit a photocopy or other sample of the notice.


Id. § 202.20 (C) (2)(vii) (D) (6)- (7).