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

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1511.8 (B) Serials Published in a Physical Format

1511.8 (B) Serials Published in a Physical Format

For purposes of mandatory deposit, a “serial” is defined as a work “issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely.” 37 C.F.R. § 202.3 (B) (1)(v). As a general rule, a party may satisfy the mandatory deposit requirement for a serial that has been published in a physical format by providing the Library of Congress with two complimentary subscriptions to that publication.

NOTE: This rule only applies to serials that have been published in a physical format, or in both a physical and electronic format. It does not apply to electronic serials that are published solely online. Nor does it apply to newspapers (regardless of whether they are published in physical or electronic form). For information concerning the mandatory deposit requirements for these types of serials, see Section 1511.6 and 1511.8 (C).

Before the subscriptions begin, the copyright owner or the owner of the exclusive right of publication should send a letter to the Copyright Acquisitions Division confirming that subscription copies will be provided. The letter should include the name of the publisher, the title of the serial, the ISSN number that has been assigned to the serial (if any), and the issue date and numerical or chronological designations that will appear on the first issue that will be provided under the subscriptions.

Subscription copies should be physically mailed to the address specified in § 201.1 (C) of the regulations. The copies should be sent promptly after the publication of each issue, and the subscriptions should be maintained on an ongoing basis. A party may cancel its subscription only if (I) the serial is no longer published by the owner, (ii) the serial is no longer published in the United States in a physical format, or (iii) the Copyright Acquisitions Division informs the owner that the serial is no longer needed for the Library’s collections.

See 37 C.F.R. § 202.19 (D) (2)(xi).

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