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1511.6 Mandatory Deposit for Electronic Serials

1511.6 Mandatory Deposit for Electronic Serials


As a general rule, the mandatory deposit requirement does not apply to electronic works published in the United States that are available only online. However, there is a limited exception to this rule.


The copyright owner or owner of the exclusive right of publication in an electronic serial published on or after February 24, 2010 is subject to mandatory deposit if the Office issues a written demand for a copy of that work for the use or disposition of the Library of Congress. See 37 C.F.R. §§ 202.19 (C) (5), 202.24 (A).


For purposes of mandatory deposit, an “electronic serial” is defined as “an electronic work published in the United States and available only online, issued or intended to be issued on an established schedule in successive parts bearing numerical or chronological designations, without subsequent alterations, and intended to be continued indefinitely.” Id. § 202.19 (B) (4). (For a definition of the term “electronic work,” see Section 1511.3.)


The Register has promulgated an interim rule for this category of works. A serial is a work issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely. The class includes periodicals (including newspapers), annuals, and the journals, proceedings, transactions, and other publications of societies. 37 C.F.R. § 202.3 (B) (1)(v). It does not include works that are published both online and in physical form. Likewise, it does not include works that are constantly updated with no demarcation between particular, discrete issues of the publication. See Mandatory Deposit of Published Electronic Works Available Only Online, 75 Fed. Reg. 3863, 3865 (Jan. 25, 2010).


For additional information concerning this procedure, see 37 C.F.R. § 202.24. For information concerning serials that are published in a physical form or both online and in a physical form, see Section 1511.8 (B).