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

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1511.5 Mandatory Deposit for Unpublished Transmission Programs

1511.5 Mandatory Deposit for Unpublished Transmission Programs

Most unpublished works are exempt from the mandatory deposit requirement, although there is a limited exception to this rule. Specifically, the Register of Copyrights may issue a written demand for a copy or phonorecord of an audio or audiovisual transmission program for the use or disposition of the Library of Congress, even if that program is unpublished. 17 U.S.C. § 407 (E); 37 C.F.R. § 202.22 (D).

A “transmission program” is defined as “a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit.” 17 U.S.C. § 101. This category includes audio or audiovisual transmissions made “via the Internet, cable, broadcasting, and satellite systems and via any other existing or future devices or processes for the communication of a performance or display whereby images or sounds are received beyond the place from which they are sent.” 37 C.F.R. § 202.22 (B) (1).

For additional information concerning this procedure, see 37 C.F.R. § 202.22 (D).

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