1603.5 The Work Must Be Intended for Commercial Distribution
To be eligible for preregistration, the work of authorship must be in the process of being prepared for commercial distribution. See 17 U.S.C. § 408 (F) (1); 37 C.F.R. § 202.16 (B) (2)(ii). To satisfy this requirement, the applicant must certify that the work is being prepared for commercial distribution and that there is a reasonable expectation that the work will be commercially distributed to the public. See 37 C.F.R. § 202.16 (B) (2) (I).