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Mandatory Deposit Of Copies Or Phonorecords For The Library Of ...

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Mandatory Deposit
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la Mandatory Deposit in Brief
• All works under copyright protection that are published in the United States
are subject to the mandatory deposit provision of the copyright law.
• This law requires that two copies of the best edition of every copyrightable
work published in the United States be sent to the Copyright Office within
three months of publication.
• Mandatory deposit applies to works first published in a foreign country at
the point that they are distributed in the United States in the form of copies
that are imported or are part of an American edition.
Mandatory Deposit Requirements
Section 407 of the United States Copyright Act (title 17, U.S. Code) subjects all
works published in the United States to a mandatory deposit requirement. The
law states that the “owner of copyright or of the exclusive right of publication”
in a work published in the United States must deposit the required number of
copies in the Copyright Office within three months of the date of publication.
Circu (See “Deposit Requirements” below for details about quantities and types of
deposits required.) Publication is defined in the copyright law as the “distribu-
tion of copies or phonorecords of a work to the public by sale or other transfer
of ownership or by rental, lease, or lending.”
The mandatory deposit provision ensures that the Copyright Office is entitled
to receive copies of every copyrightable work published in the United States.
Section 407 states that they deposits are to be made “available to the Library of
Congress for its collections or for exchange or transfer to any other library.”
You can send your deposit copies to the address below. Or, if you want to
satisfy the mandatory deposit requirement by applying to register a copyright,
read “Copyright Registration to Satisfy Mandatory Deposit Requirements” below.
Library of Congress
Copyright Office
Attn: 407 Deposits
101 Independence Avenue, SE
Washington, DC 20559-6600
2  7d.0109
Mandatory Deposit of Copies or Phonorecords · 2
Copyright Registration to Satisfy
Demand for Deposit and
Mandatory Deposit Requirements
Penalties for Failure to Deposit
Registration of copyright claims with accompanying deposit
The law envisions that deposit will be made voluntarily to
copies is voluntary under section 408 of the Copyright Act.
satisfy the requirement of mandatory deposit. To enforce this
However, you can satisfy the mandatory deposit provision
legal obligation, however, or to ensure a more rapid deposit of
in section 407 by applying to register a copyright, which
a work the Library needs promptly, the Register of Copyrights
requires submission of deposit copies. Registering a copy-
may make a written demand, including a “mandatory deposit
right establishes a public record of a copyright claim. Before
notice,” for the required deposit at any time after publication.
an infringement suit can be filed in court, registration is nec-
If the required deposit is not made within three months
essary for works of U.S. origin, and timely registration can
of the demand, the person or organization obligated to
also provide a broader range of remedies in an infringement
make the deposit is liable for a fine for each work plus the
suit. See circular 1, Copyright Basics, for more information
retail price of the copies; if the refusal to comply is willful or
about the benefits of registration.
repeated, an added fine may be incurred.
There are several ways to apply for copyright registra-
You can respond to a mandatory deposit notice by apply-
tion and simultaneously satisfy the requirements for both
ing for copyright registration. If you apply through eCO, you
mandatory deposit and copyright deposit. Online registra-
must attach the mandatory deposit notice and an electroni-
tion through the electronic Copyright Office (eCO) is the
cally printed shipping slip directly to the hard-copy deposit
preferred method to register basic claims for literary works;
of the work being registered. If you apply using Form CO,
visual arts works; performing arts works, including motion
attach the mandatory deposit notice and Form CO to the
pictures; sound recordings; and single issues of serials.
deposit. In either case, place the mandatory deposit notice
Advantages of online filing include a lower filing fee; the fast-
on top so that it is visible when the package is opened.
est processing time; online status tracking; secure payment
Mail deposits submitted in response to a mandatory
by credit or debit card, electronic check, or Copyright Office
deposit notice to:
deposit account; and the ability to upload certain categories
of deposits directly into eCO. However, if you are registering a
Library of Congress
published work, a physical copy of the best published edition is
Copyright Office–CAD/AD
required under section 407. (“Best edition” is defined below.) A
101 Independence Avenue, SE
physical copy is not required for works that are published or
Washington, DC 20559-6601
distributed only electronically.
You can still register using eCO and save money even if
you will submit a physical deposit. The system will prompt
Foreign Works
you to specify whether you intend to submit an electronic or
hard-copy deposit and will provide instructions accordingly.
Although the deposit requirements are limited to works
To access eCO, go to the Copyright Office website at www.
published in the United States, they do apply to a work that
copyright.gov and click on electronic Copyright Office.
was first published in a foreign country as soon as that work
The next best option for registering basic claims is the
is published in the United States through the distribution of
new fill-in Form CO. Using 2-d barcode scanning technol-
copies or phonorecords that are either imported or are part
ogy, the Office can process these forms much faster and more
of an American edition.
efficiently than paper forms completed manually. Simply
complete Form CO on your personal computer (only your
signature and the date may be handwritten), print it out, sign
Deposit Requirements
it, and mail the original (copies will not be accepted) along
with a check or money order and your deposit. To access
In general, the deposit must consist of two complete copies or
Form CO, go to the Copyright Office website and click on
phonorecords of the best edition of the work. (“Best edition”
Forms. The website also provides instructions for alternative
is defined below.) Regulations are available at www.copyright.
methods of applying for registration.
gov/title37/202. Click on “202.19.”
note: Copyright Office fees are subject to change. For current
fees, please check the Copyright Office website at www.copy-
right.gov, write the Copyright Office, or call (202) 707-3000.
Mandatory Deposit of Copies or Phonorecords · 3
Sound Recordings
Form SE/Group, available on the Office’s website. For
If the work is a sound recording, the deposit must include
details, see Circular 62b, Copyright Registration for a Group
two complete phonorecords of the best edition, plus any text
of Serial Issues.
or pictorial matter published with the phonorecord. Exam-
The preferred method to register single issues of serials is
ples of the textual material include all phonorecord packag-
online registration through the electronic Copyright Office
ing, record sleeves, and separate leaflets or booklets enclosed
(eCO). Among the advantages of online filing are a lower
with the phonorecords (compact disks, albums, or cassettes).
filing fee; the fastest processing time; online status tracking;
and secure payment by credit or debit card, electronic check,
Motion Pictures
or Copyright Office deposit account. Note that although
If the work is a motion picture, the deposit consists of one
certain categories of deposits can be uploaded electronically
complete copy of the best edition, plus a separate description
through eCO, a physical deposit is required under the manda-
of its contents, such as a continuity, press book, or synopsis.
tory deposit requirements if you are registering a published
work. You can still register using eCO and save money even
Machine-Readable Formats
if you will submit a physical deposit. The system will prompt
If the work is readable on a personal computer, including
you to specify whether you intend to submit an electronic or
CD-ROMs, the deposit consists of one complete copy of the
hard-copy deposit and will provide instructions accordingly.
best edition if it is not copy protected, plus any documenta-
To access eCO, go to the Copyright Office website at www.
tion such as a user’s guide. If the work is copy protected, the
copyright.gov and click on electronic Copyright Office.
deposit consists of two copies of the best edition plus any
The next best option for registering single issues of
documentation.
serials is the new fill-in Form CO. Using 2-d barcode scan-
ning technology, the Office can process these forms much
Serials
faster and more efficiently than paper forms completed
Under the mandatory deposit provisions of the copyright
manually. Simply complete Form CO on your personal com-
law, the owner of copyright or of the exclusive right of
puter, print it out, sign it, and mail it along with a check or
publication must deposit with the Copyright Office for the
money order and your deposit. To access Form CO, go to the
Library of Congress two complete copies of the best edition
Copyright Office website and click on Forms. The website
of each issue of a serial published in the United States. Each
also provides instructions for alternative methods of apply-
issue is considered a separate work for copyright purposes
ing for registration.
and should be deposited within three months of the date
of publication. For more efficient compliance, and to avoid
receiving written demand from the Copyright Office for
Best Edition of a Work
the required deposit, submitters are encouraged to place
the Register of Copyrights on a subscription list to receive
The definition of “best edition” of a work in the law makes
automatically two complimentary copies of each issue. Send
clear that the Library of Congress is entitled to receive the
copies to the following address:
copies or phonorecords of the edition that best suits its needs.
Its choice may be made from any editions that have been
Library of Congress
published in the United States before the date of deposit.
Copyright Office
When two or more editions of the same version of a work
Attn: 407 Deposits
(hard and soft cover editions of books, for example) have been
101 Independence Avenue SE
published before the date of deposit, the Library of Congress
Washington, DC 20559-6600
generally considers the one of the highest quality to be the best
Copyright claimants can also satisfy the mandatory
edition (the hard bound edition of a book, for example). If, on
deposit requirements for serials by formally registering their
the date of deposit, a better edition exists but is not submitted,
claims to copyright. Issues of serials first published on or
the Copyright Office is entitled to request the better edition on
after January 7, 1991, at intervals of a week or longer within
behalf of the Library of Congress. The Library of Congress lists
a three-month period during the same calendar year can
criteria to follow in judging quality in its current “best edition”
be grouped and registered with a single application and a
statement. The criteria to be applied in determining the best
reduced fee. The Copyright Office encourages applicants to
edition of each of several types of materials (such as printed
register those serials that qualify for group registration using
textual matter, phonorecords, microforms, motion pictures,
and so forth) are listed in Circular 7b, Best Edition of Published
Mandatory Deposit of Copies or Phonorecords · 4
Copyrighted Works for the Collections of the Library of Congress,
the owner of copyright or the owner of the exclusive right of
in descending order of importance to the Library’s archival
publication in the work.
collections. When the criteria listed do not apply to a particular
If registration is sought, send the request to the chief of
work, the Copyright Office will confer with appropriate offi-
the Literary Division, Visual Arts Division, or Performing
cials of the Library of Congress to obtain a determination as to
Arts Division, according to the type of claim being submitted,
the best edition of that work.
at the following address:
Library of Congress
Exemptions from the Deposit Requirement
Copyright Office
Registration and Recordation Program
101 Independence Avenue SE
Because many deposits are not suitable for addition to the
Washington, DC 20559-6200
Library of Congress collections or for use in national library
fax: (202) 707-3698
programs, the Copyright Office has issued regulations that
exempt certain categories of works entirely from the manda-
If only mandatory deposit is to be made, send the request to:
tory deposit requirements. These regulations also reduce the
Library of Congress
required number of copies or phonorecords from two to one
Copyright Office
for certain other categories. Currently, works that are pub-
Chief, Copyright Acquisitions Division
lished only electronically and that have no physical counter-
101 Independence Avenue SE
parts are exempted from the deposit requirements. For further
Washington, DC 20559-6600
information about these regulations, see www.copyright.gov/
fax: (202) 707-4435
title37/202. Click on “202.19.”
Serials
For Further Information
Although its collections are comprehensive, the Library
of Congress does not retain every serial title deposited in
By Internet
the Copyright Office. Upon written notification from the
Circulars, announcements, regulations, other related mate-
Copyright Acquisitions Division, serial titles not selected for
rials, and certain copyright application forms are available
the Library’s collections are completely exempted from the
from the Copyright Office website at www.copyright.gov.
mandatory deposit requirements of section 407, and, if reg-
istration is sought under section 408, the required number
By Telephone
of deposit copies is reduced from two to one for those
For general information about copyright, call the Copyright
exempted from mandatory deposit.
Public Information Office at (202) 707-3000. Staff members
are on duty from 8:30 am to 5:00 pm, eastern time, Monday
Special Relief
through Friday, except federal holidays. Recorded informa-
tion is available 24 hours a day. To request application forms
or circulars, call the Forms and Publications Hotline at (202)
Under certain circumstances, special relief from deposit
707-9100 and leave a recorded message.
requirements may be granted for a published work not
exempt from mandatory deposit. Requests are most fre-
By Regular Mail
quently based on undue burden or cost to a copyright owner.
Write to:
The grant of special relief is discretionary with the Copyright
Office and will depend on a careful balance of the acquisition
Library of Congress
policies of the Library of Congress, the examining require-
Copyright Office-COPUBS
ments of the Copyright Office (if registration is sought), and
Publications Section
the hardship to the copyright owner.
101 Independence Avenue SE
Requests must set forth specific reasons why special relief
Washington, DC 20559-6300
should be granted and must be signed by, or on behalf of,
U.S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559-6000 · www.copyright.gov
circular 7d  rev: 01 ⁄ 2009  print: 01 ⁄ 2009 — 60,000  Printed on recycled paper 
u.s. government printing office: 2009-349-387 ⁄ 80,025