Compendium of U.S. Copyright Practices, 3rd Edition

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1509.1 (G) (3) Databases That Predominantly Consist of Photographs

1509.1 (G) (3) Databases That Predominantly Consist of Photographs

This Section discusses the deposit requirements for a database that consists predominantly of photographs.

In all cases, the applicant must submit a copy of each photograph that is included in the claim. 37 C.F.R. § 202.20 (C) (2)(vii) (D) (8). The applicant may submit the photographs in a hard copy format using one of the formats described in Chapter 1100, Section 1114.4. In the alternative, the applicant may upload the photographs in an electronic format, provided that the applicant obtains permission to use the electronic registration system from the Visual Arts Division, and submits the online application and the deposit copies after consulting with, and under the supervision of, that Division.

In addition, the applicant must submit identifying portions of the database using one of the methods described in Section 1509.1 (G) (2). The identifying material must be sufficient to show the authorship involved in selecting, coordinating, and/or arranging the photographs that appear within the database. If the compilation authorship is not perceptible in the deposit, or if the compilation authorship shown in the deposit is not sufficiently creative, the registration specialist will refuse to register the claim, irrespective of the creativity in the individual photographs.

NOTE: In some cases, the Visual Arts Division may ask the applicant to submit additional deposit material, particularly when the claim is submitted using the electronic registration system. For specific guidance, applicants should contact the Visual Arts Division at (202) 707-8202.

See generally Deposit Requirements for Registration of Automated Databases That Predominantly Consist of Photographs, 76 Fed. Reg. 5106 (Jan. 28, 2011); Registration

of Claims to Copyright, 76 Fed. Reg. 4072 (Jan. 24, 2011).

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