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1509.1 (H) Literary Works Fixed in a CD-ROM

 

1509.1 (H) Literary Works Fixed in a CD-ROM

 

To register a literary work that is fixed in a CD-ROM, the applicant generally should submit one complete copy of the entire CD-ROM package, “including a complete copy of any accompanying operating software and instructional manual ” 37 C.F.R. § 202.20 (C) (2)(xix) (A). If the work is fixed in print as well as in the CD-ROM, the applicant also should submit a printed version of the work that is embodied in the CD-ROM. Id.

 

A complete copy of a published CD-ROM package includes all the elements comprising the applicable unit of publication, “including elements that if considered separately would not be copyrightable subject matter or could be the subject of a separate registration.” Id.

 

Examples:

 

• A user manual.

 

• Installation instructions.

 

• Packaging that contains descriptive or instructional material.

 

If the CD-ROM is not the primary component of the published literary work, the applicant should submit two copies of the work as published.

 

Example:

 

• The applicant intends to register a workbook that contains text and illustrations together with a CD-ROM that is attached to the back cover. The CD-ROM is published with the workbook and it contains tests and other ancillary material. Because the workbook is the primary component of the published literary work, the applicant should submit two complete copies of the entire workbook package (including the CD-ROM).

 

If a member of the Registration Program is unable to view the CD-ROM using standard Office equipment, the Office may accept identifying material or alternative deposit materials under a grant of special relief (in addition to the complete CD-ROM package). See id. § 202.20 (C) (2)(xix) (B). For information concerning this procedure, see Section 1508.8.