Copyright Compendium

Search
Filters
Exact matches only
Search in title
Search in content
Chapter 100
Chapter 200
Chapter 300
Chapter 400
Chapter 500
Chapter 600
Chapter 700
Chapter 800
Chapter 900
Chapter 1000
Chapter 1100
Chapter 1200
Chapter 1300
Chapter 1400
Chapter 1500
Chapter 1600
Chapter 1700
Chapter 1800
Chapter 1900
Chapter 2000
Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

1509.2 (F) (2) (A) Motion Pictures Published in the United States on or After January 1, 1978

1509.2 (F) (2) (A) Motion Pictures Published in the United States on or After January 1, 1978


If the motion picture was published in the United States on or after January 1, 1978, the applicant should submit one complete copy of the best edition of that work.


The criteria used to determine the best edition for a motion picture are listed in Section III of the “Best Edition Statement,” which is set forth in Appendix B to Part 202 of the Office’s regulations. The Best Edition Statement is also posted on the Office’s website in Best Edition of Published Copyrighted Works for the Collections of the Library of Congress (Circular 7b).


Specifically, if the motion picture was published in one of the formats listed immediately below the applicant should submit one complete copy of the work in the format that appears on this list. If the work was published in two or more of the formats listed immediately below, the applicant should submit the work in the format that is listed first. If the work was published in an electronic format and in one or more of the hard copy formats listed immediately below, the applicant should submit one complete copy of the hard copy format. See 37 C.F.R. § 202.20 (B) (1).


• Film Formats:


1. Preprint material (by special arrangement)


2. 70 mm positive print (if original production negative is greater than 35 mm)


3. 35 mm positive prints


4. 16 mm positive prints


• Video Formats:


1. Betacam SP


2. Digital Beta (Digibeta)


3. DVD


4. VHS Cassette


See 37 C.F.R. Part 202, Appendix B, ¶ III.


The following examples illustrate the appropriate method for identifying the “best edition” in cases where a motion picture was published in one or more of the formats listed immediately above.


• An animated film was published solely on a commercial DVD. The applicant should submit one complete copy of the commercial DVD.


• A major motion picture was published in 35mm film, a commercial DVD, and a VHS cassette. The applicant should submit one complete copy of the 35mm film, because film formats are preferred over video formats, such as DVD and VHS.


• A documentary was published on DVD and VHS cassette. The applicant should submit one complete copy of the DVD, because DVD formats are preferred over VHS.


• A comedy routine was published on a commercial DVD and published online as a digital download. DVDs are included on the list of preferred formats, but digital downloads are not. Therefore, applicant should submit one complete copy of the DVD.


In all cases, applicants should focus solely on the editions or formats that actually exist as of the date that the claim is filed. For instance, if the motion picture was published solely as a digital cinema package (DCP), there is no need to create a new edition on 35 mm film, digibeta, or any of the other formats listed on the Best Edition Statement.


If the motion picture was published in a format that is not listed on the Best Edition Statement, the applicant may request further guidance concerning the deposit requirements for registration by submitting a written request to the Office of Registration Policy & Practice. If the motion picture was published solely in a DCP format, the applicant may upload the work in any of the acceptable file formats listed in Section 1508.1, provided that the file does not exceed 500 megabytes. Alternatively, the applicant may submit one complete copy of the work on a DVD-R.