[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR202.20]

[Page 435-443]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT--Table of Contents
 
Sec. 202.20  Deposit of copies and phonorecords for copyright registration.

    (a) General. This section prescribes rules pertaining to the deposit 
of copies and phonorecords of published and unpublished works for the 
purpose of copyright registration under section 408 of title 17 of the 
United States Code, as amended by Pub. L. 94-553. The provisions of this 
section are not applicable to the deposit of copies and phonorecords for 
the Library of Congress under section 407 of title 17, except as 
expressly adopted in Sec. 202.19 of these regulations.
    (b) Definitions. For the purposes of this section:
    (1) The best edition of a work has the meaning set forth in 
Sec. 202.19(b)(1) of these regulations.
    (2) A complete copy or phonorecord means the following:
    (i) Unpublished works. Subject to the requirements of paragraph 
(b)(2)(vi) of this section, a ``complete'' copy or phonorecord of an 
unpublished work is a copy or phonorecord representing the entire 
copyrightable content of the work for which registration is sought;
    (ii) Published works. Subject to the requirements of paragraphs 
(b)(2) (iii) through (vi) of this section, a ``complete'' copy or 
phonorecord of a published work includes all elements comprising the 
applicable unit of publication of the work, including elements that, if 
considered separately, would not be copyrightable subject matter. 
However, even where certain physically separable elements included in 
the applicable unit of publication are missing from the deposit, a copy 
or phonorecord will be considered ``complete'' for purposes of 
registration where:
    (A) The copy or phonorecord deposited contains all parts of the work 
for which copyright registration is sought; and
    (B) The removal of the missing elements did not physically damage 
the copy or phonorecord or garble its contents; and
    (C) The work is exempt from the mandatory deposit requirements under 
section 407 of title 17 of the United States Code and Sec. 202.19(c) of 
these regulations, or the copy deposited consists entirely of a 
container, wrapper, or holder, such as an envelope, sleeve, jacket, 
slipcase, box, bag, folder, binder, or other receptacle acceptable for 
deposit under paragraph (c)(2) of this section;
    (iii) Contributions to collective works. In the case of a published 
contribution to a collective work, a ``complete'' copy is one complete 
copy of the best edition of the entire collective work,

[[Page 436]]

the complete section containing the contribution if published in a 
newspaper, the contribution cut from the paper in which it appeared, or 
a photocopy of the contribution itself as it was published in the 
collective work.
    (iv) Sound recordings. In the case of published sound recordings, a 
``complete'' phonorecord has the meaning set forth in Sec. 202.19(b)(2) 
of these regulations;
    (v) Musical scores. In the case of a musical composition published 
in copies only, or in both copies and phonorecords:
    (A) If the only publication of copies took place by the rental, 
lease, or lending of a full score and parts, a full score is a 
``complete'' copy; and
    (B) If the only publication of copies took place by the rental, 
lease, or lending of a conductor's score and parts, a conductor's score 
is a ``complete'' copy;
    (vi) Motion pictures. In the case of a published or unpublished 
motion picture, a copy is ``complete'' if the reproduction of all of the 
visual and aural elements comprising the copyrightable subject matter in 
the work is clean, undamaged, undeteriorated, and free of splices, and 
if the copy itself and its physical housing are free of any defects that 
would interfere with the performance of the work or that would cause 
mechanical, visual, or audible defects or distortions.
    (3) The terms architectural works, copy, collective work, device, 
fixed, literary work, machine, motion picture, phonorecord, publication, 
sound recording, transmission program, and useful article, and their 
variant forms, have the meanings given to them in 17 U.S.C. 101.
    (4) A secure test is a nonmarketed test administered under 
supervision at specified centers on specific dates, all copies of which 
are accounted for and either destroyed or returned to restricted locked 
storage following each administration. For these purposes a test is not 
marketed if copies are not sold but it is distributed and used in such a 
manner that ownership and control of copies remain with the test sponsor 
or publisher.
    (5) Title 17 means title 17 of the United States Code, as amended by 
Pub. L. 94-553.
    (6) For the purposes of determining the applicable deposit 
requirements under this Sec. 202.20 only, the following shall be 
considered as unpublished motion pictures: motion pictures that consist 
of television transmission programs and that have been published, if at 
all, only by reason of a license or other grant to a nonprofit 
institution of the right to make a fixation of such programs directly 
from a transmission to the public, with or without the right to make 
further uses of such fixations.
    (c) Nature of required deposit. (1) Subject to the provisions of 
paragraph (c)(2) of this section, the deposit required to accompany an 
application for registration of claim to copyright under section 408 of 
title 17 shall consist of:
    (i) In the case of unpublished works, one complete copy or 
phonorecord.
    (ii) In the case of works first published in the United States 
before January 1, 1978, two complete copies or phonorecords of the work 
as first published.
    (iii) In the case of works first published in the United States on 
or after January 1, 1978, two complete copies or phonorecords of the 
best edition.
    (iv) In the case of works first published outside of the United 
States, one complete copy or phonorecord of the work either as first 
published or of the best edition. For purposes of this section, any 
works simultaneously first published within and outside of the United 
States shall be considered to be first published in the United States.
    (2) In the case of certain works, the special provisions set forth 
in this clause shall apply. In any case where this clause specifies that 
one copy or phonorecord may be submitted, that copy or phonorecord shall 
represent the best edition, or the work as first published, as set forth 
in paragraph (c)(1) of this section.
    (i) General. In the following cases the deposit of one complete copy 
or phonorecord will suffice in lieu of two copies or phonorecords:
    (A) Published three-dimensional cartographic representations of 
area, such as globes and relief models;

[[Page 437]]

    (B) Published diagrams illustrating scientific or technical works or 
formulating scientific or technical information in linear or other two-
dimensional form, such as an architectural or engineering blueprint, or 
a mechanical drawing;
    (C) Published greeting cards, picture postcards, and stationery;
    (D) Lectures, sermons, speeches, and addresses published 
individually and not as a collection of the works of one or more 
authors;
    (E) Musical compositions published in copies only, or in both copies 
and phonorecords, if the only publication of copies took place by 
rental, lease, or lending;
    (F) Published multimedia kits or any part thereof;
    (G) Works exempted from the requirement of depositing identifying 
material under paragraph (c)(2)(xi)(B)(5) of this section;
    (H) Literary, dramatic, and musical works published only as embodied 
in phonorecords, although this category does not exempt the owner of 
copyright in a sound recording;
    (I) Choreographic works, pantomimes, literary, dramatic, and musical 
works published only as embodied in motion pictures;
    (J) Published works in the form of two-dimensional games, decals, 
fabric patches or emblems, calendars, instructions for needle work, 
needle work and craft kits; and
    (K) Works reproduced on three-dimensional containers such as boxes, 
cases, and cartons.
    (ii) Motion pictures. In the case of published or unpublished motion 
pictures, the deposit of one complete copy will suffice. The deposit of 
a copy or copies for any published or unpublished motion picture must be 
accompanied by a separate description of its contents, such as a 
continuity, pressbook, or synopsis. In any case where the deposit copy 
or copies required for registration of a motion picture cannot be viewed 
for examining purposes on equipment in the Examining Division of the 
Copyright Office, the description accompanying the deposit must comply 
with Sec. 202.21(h) of these regulations. The Library of Congress may, 
at its sole discretion, enter into an agreement permitting the return of 
copies of published motion pictures to the depositor under certain 
conditions and establishing certain rights and obligations of the 
Library of Congress with respect to such copies. In the event of 
termination of such an agreement by the Library, it shall not be subject 
to reinstatement, nor shall the depositor or any successor in interest 
of the depositor be entitled to any similar or subsequent agreement with 
the Library, unless at the sole discretion of the Library it would be in 
the best interests of the Library to reinstate the agreement or enter 
into a new agreement. In the case of unpublished motion pictures 
(including television transmission programs that have been fixed and 
transmitted to the public, but have not been published), the deposit of 
identifying material in compliance with Sec. 202.21 of these regulations 
may be made and will suffice in lieu of an actual copy. In the case of 
colorized versions of motion pictures made from pre-existing black and 
white motion pictures, in addition to the deposit of one complete copy 
of the colorized motion picture and the separate description of its 
contents as specified above, the deposit shall consist of one complete 
print of the black and white version of the motion picture from which 
the colorized version was prepared. If special relief from this 
requirement is requested and granted, the claimant shall make a good 
faith effort to deposit the best available, near-archival quality black 
and white print, as a condition of any grant of special relief.
    (iii) Holograms. In the case of any work deposited in the form of a 
three-dimensional hologram, the copy or copies shall be accompanied by:
    (A) Precise instructions for displaying the image fixed in the 
hologram; and
    (B) Photographs or other identifying material complying with 
Sec. 202.21 of these regulations and clearly showing the displayed 
image.

The number of sets of instructions and identifying material shall be the 
same as the number of copies required. In the case of a work in the form 
of a two-dimensional hologram, the image of which is visible without the 
use of a

[[Page 438]]

machine or device, one actual copy of the work shall be deposited.
    (iv) Certain pictorial and graphic works. In the case of any 
unpublished pictorial or graphic work, deposit of identifying material 
in compliance with Sec. 202.21 of these regulations may be made and will 
suffice in lieu of deposit of an actual copy. In the case of a published 
pictorial or graphic work, deposit of one complete copy, or of 
identifying material in compliance with Sec. 202.21 of these 
regulations, may be made and will suffice in lieu of deposit of two 
actual copies where an individual author is the owner of copyright, and 
either:
    (A) Less than five copies of the work have been published; or
    (B) The work has been published and sold or offered for sale in a 
limited edition consisting of no more than 300 numbered copies.
    (v) Commercial prints and labels. In the case of prints, labels, and 
other advertising matter, including catalogs, published in connection 
with the rental, lease, lending, licensing, or sale of articles of 
merchandise, works of authorship, or services, the deposit of one 
complete copy will suffice in lieu of two copies. Where the print or 
label is published in a larger work, such as a newspaper or other 
periodical, one copy of the entire page or pages upon which it appears 
may be submitted in lieu of the entire larger work. In the case of 
prints or labels physically inseparable from a three-dimensional object, 
identifying material complying with Sec. 202.21 of these regulations 
must be submitted rather than an actual copy or copies except under the 
conditions of paragraph (c)(2)(xi)(B)(4) of this section.
    (vi) Tests. In the case of tests, and answer material for tests, 
published separately from other literary works, the deposit of one 
complete copy will suffice in lieu of two copies. In the case of any 
secure test the Copyright Office will return the deposit to the 
applicant promptly after examination: Provided, That sufficient 
portions, description, or the like are retained so as to constitute a 
sufficient archival record of the deposit.
    (vii) Computer programs and databases embodied in machine-readable 
copies other than CD-ROM format. In cases where a computer program, 
database, compilation, statistical compendium, or the like, if 
unpublished is fixed, or if published is published only in the form of 
machine-readable copies (such as magnetic tape or disks, punched cards, 
semiconductor chip products, or the like) other than a CD-ROM format, 
from which the work cannot ordinarily be perceived except with the aid 
of a machine or device, the deposit shall consist of:
    (A) For published or unpublished computer programs, one copy of 
identifying portions of the program, reproduced in a form visually 
perceptible without the aid of a machine or device, either on paper or 
in microform. For these purposes ``identifying portions'' shall mean one 
of the following:
    (1) The first and last 25 pages or equivalent units of the source 
code if reproduced on paper, or at least the first and last 25 pages or 
equivalent units of the source code if reproduced in microform, together 
with the page or equivalent unit containing the copyright notice, if 
any. If the program is 50 pages or less, the required deposit will be 
the entire source code. In the case of revised versions of computer 
programs, if the revisions occur throughout the entire program, the 
deposit of the page containing the copyright notice and the first and 
last 25 pages of source code will suffice; if the revisions do not occur 
in the first and last 25 pages, the deposit should consist of the page 
containing the copyright notice and any 50 pages of source code 
representative of the revised material; or
    (2) Where the program contains trade secret material, the page or 
equivalent unit containing the copyright notice, if any, plus one of the 
following: the first and last 25 pages or equivalent units of source 
code with portions of the source code containing trade secrets blocked-
out, provided that the blocked-out portions are proportionately less 
than the material remaining, and the deposit reveals an appreciable 
amount of original computer code; or the first and last 10 pages or 
equivalent units of source code alone with no blocked-out portions; or 
the first and last 25 pages of object code, together with any 10 or more 
consecutive pages of source code with no blocked-out portions; or for

[[Page 439]]

programs consisting of, or less than, 50 pages or equivalent units, 
entire source code with the trade secret portions blocked-out, provided 
that the blocked-out portions are proportionately less than the material 
remaining, and the remaining portion reveals an appreciable amount of 
original computer code. If the copyright claim is in a revision not 
contained in the first and last 25 pages, the deposit shall consist of 
either 20 pages of source code representative of the revised material 
with no blocked-out portions, or any 50 pages of source code 
representative of the revised material with portions of the source code 
containing trade secrets blocked-out, provided that the blocked-out 
portions are proportinately less than the material remaining and the 
deposit reveals an appreciable amount of original computer code. 
Whatever method is used to block out trade secret material, at least an 
appreciable amount of original computer code must remain visible.
    (B) Where registration of a program containing trade secrets is made 
on the basis of an object code deposit the Copyright Office will make 
registration under its rule of doubt and warn that no determination has 
been made concerning the existence of copyrightable authorship.
    (C) Where the application to claim copyright in a computer program 
includes a specific claim in related computer screen displays, the 
deposit, in addition to the identifying portions specified in paragraph 
(c)(2)(vii)(A) of this section, shall consist of:
    (1) Visual reproductions of the copyrightable expression in the form 
of printouts, photographs, or drawings no smaller than 3x3 inches and no 
larger than 9x12 inches; or
    (2) If the authorship in the work is predominantly audiovisual, a 
one-half inch VHS format videotape reproducing the copyrightable 
expression, except that printouts, photographs, or drawings no smaller 
than 3x3 inches and no larger than 9x12 inches must be deposited in lieu 
of videotape where the computer screen material simply constitutes a 
demonstration of the functioning of the computer program.
    (D) For published and unpublished automated databases, compilations, 
statistical compendia, and the like, so fixed or published, one copy of 
identifying portions of the work, reproduced in a form visually 
perceptible without the aid of a machine or device, either on paper or 
in microform. For these purposes:
    (1) Identifying portions shall generally mean either the first and 
last 25 pages or equivalent units of the work if reproduced on paper or 
in microform.
    (2) Datafile and file shall mean a group of data records pertaining 
to a common subject matter regardless of their size or the number of 
data items in them.
    (3) In the case of individual registration of a revised version of 
the works identified in this paragraph (c)(2)(vii)(D), the identifying 
portions deposited shall contain 50 representative pages or data records 
which have been added or modified.
    (4) If the work is an automated database comprising multiple 
separate or distinct data files, ``identifying portions'' shall instead 
consist of 50 complete data records from each data file or the entire 
data file, whichever is less, and the descriptive statement required by 
paragraph (c)(2)(vii)(D)(5).
    (5) In the case of group registration for revised or updated 
versions of a database, the claimant shall deposit identifying portions 
that contain 50 representative pages or equivalent units, or 
representative data records which have been marked to disclose (or do in 
fact disclose solely) the new material added on one representative 
publication date if published, or on one representative creation date, 
if unpublished, and shall also deposit a brief typed or printed 
descriptive statement containing the notice of copyright information 
required under (6) or (7) immediately below, if the work bears a notice, 
and;
    (i) The title of the database;
    (ii) A subtitle, date of creation or publication, or other 
information, to distinguish any separate or distinct data files for 
cataloging purposes;
    (iii) The name and address of the copyright claimant;
    (iv) For each separate file, its name and content, including its 
subject, the

[[Page 440]]

origin(s) of the data, and the approximate number of data records it 
contains; and
    (v) In the case of revised or updated versions of an automated 
database, information as to the nature and frequency of changes in the 
database and some identification of the location within the database or 
the separate data files of the revisions.
    (6) For a copyright notice embodied in machine-readable form, the 
statement shall describe exactly the visually perceptible content of the 
notice which appears in or with the database, and the manner and 
frequency with which it is displayed (e.g., at user's terminal only at 
sign-on, or continuously on terminal display, or on printouts, etc.).
    (7) If a visually perceptible copyright notice is placed on any 
copies of the work (or on magnetic tape reels or containers therefor), a 
sample of such notice must also accompany the statement.
    (viii) Machine-readable copies of works other than computer 
programs, databases, and works fixed in a CD-ROM format. Where a 
literary, musical, pictorial, graphic, or audiovisual work, or a sound 
recording, except for works fixed in a CD-ROM format and literary works 
which are computer programs, databases, compilations, statistical 
compendia or the like, if unpublished has been fixed or, if published, 
has been published only in machine-readable form, the deposit must 
consist of identifying material. The type of identifying material 
submitted should generally be appropriate to the type of work embodied 
in machine-readable form, but in all cases should be that which best 
represents the copyrightable content of the work. In all cases the 
identifying material must include the title of the work. A synopsis may 
also be requested in addition to the other deposit materials as 
appropriate in the discretion of the Copyright Office. In the case of 
any published work subject to this section, the identifying material 
must include a representation of the copyright notice, if one exists. 
Identifying material requirements for certain types of works are 
specified below. In the case of the types of works listed below, the 
requirements specified shall apply except that, in any case where the 
specific requirements are not appropriate for a given work the form of 
the identifying material required will be determined by the Copyright 
Office in consultation with the applicant, but the Copyright Office will 
make the final determination of the acceptability of the identifying 
material.
    (A) For pictorial or graphic works, the deposit shall consist of 
identifying material in compliance with Sec. 202.21 of these 
regulations;
    (B) For audiovisual works, the deposit shall consist of either a 
videotape of the work depicting representative portions of the 
copyrightable content, or a series of photographs or drawings, depicting 
representative portions of the work, plus in all cases a separate 
synopsis of the work;
    (C) For musical compositions, the deposit shall consist of a 
transcription of the entire work such as a score, or a reproduction of 
the entire work on an audiocassette or other phonorecord;
    (D) For sound recordings, the deposit shall consist of a 
reproduction of the entire work on an audiocassette or other 
phonorecord;
    (E) For literary works, the deposit shall consist of a transcription 
of representative portions of the work including the first and last 25 
pages or equivalent units, and five or more pages indicative of the 
remainder.
    (ix) Copies containing both visually-perceptible and machine-
readable material other than a CD-ROM format. Where a published literary 
work is embodied in copies containing both visually-perceptible and 
machine-readable material, except in the case of a CD-ROM format, the 
deposit shall consist of the visually-perceptible material and 
identifying portions of the machine-readable material.
    (x) Works reproduced in or on sheetlike materials. In the case of 
any unpublished work that is fixed, or any published work that is 
published, only in the form of a two-dimensional reproduction on 
sheetlike materials such as textiles and other fabrics, wallpaper and 
similar commercial wall coverings, carpeting, floor tile, and similar 
commercial floor coverings, and wrapping paper and similar packaging 
material,

[[Page 441]]

the deposit shall consist of one copy in the form of an actual swatch or 
piece of such material sufficient to show all elements of the work in 
which copyright is claimed and the copyright notice appearing on the 
work, if any. If the work consists of a repeated pictorial or graphic 
design, the complete design and at least part of one repetition must be 
shown. If the sheetlike material in or on which a published work has 
been reproduced has been embodied in or attached to a three-dimensional 
object, such as furniture, or any other three-dimensional manufactured 
article, and the work has been published only in that form, the deposit 
must consist of identifying material complying with Sec. 202.21 of these 
regulations instead of a copy. If the sheet-like material in or on which 
a published work has been reproduced has been embodied in or attached to 
a two-dimensional object such as wearing apparel, bed linen, or a 
similar item, and the work has been published only in that form, the 
deposit must consist of identifying material complying with Sec. 202.21 
of these regulations instead of a copy unless the copy can be folded for 
storage in a form that does not exceed four inches in thickness.
    (xi) Works reproduced in or on three-dimensional objects. (A) In the 
following cases the deposit must consist of identifying material 
complying with Sec. 201.21 of these regulations instead of a copy or 
copies:
    (1) Any three-dimensional sculptural work, including any 
illustration or formulation of artistic expression or information in 
three-dimensional form. Examples of such works include statues, 
carvings, ceramics, moldings, constructions, models, and maquettes; and
    (2) Any two-dimensional or three-dimensional work that, if 
unpublished, has been fixed, or, if published, has been published only 
in or on jewelry, dolls, toys, games, except as provided in paragraph 
(c)(2)(xi)(B)(3) below, or any three-dimensional useful article.
    (B) In the following cases the requirements of paragraph 
(c)(2)(xi)(A) of this section for the deposit of identifying material 
shall not apply:
    (1) Three-dimensional cartographic representations of area, such as 
globes and relief models;
    (2) Works that have been fixed or published in or on a useful 
article that comprises one of the elements of the unit of publication of 
an educational or instructional kit which also includes a literary or 
audiovisual work, a sound recording, or any combination of such works;
    (3) Published games consisting of multiple parts that are packaged 
and published in a box or similar container with flat sides and with 
dimensions of no more than 12x24x6 inches;
    (4) Works reproduced on three-dimensional containers or holders such 
as boxes, cases, and cartons, where the container or holder can be 
readily opened out, unfolded, slit at the corners, or in some other way 
made adaptable for flat storage, and the copy, when flattened, does not 
exceed 96 inches in any dimension; or
    (5) Any three-dimensional sculptural work that, if unpublished, has 
been fixed, or, if published, has been published only in the form of 
jewelry cast in base metal which does not exceed four inches in any 
dimension.
    (xii) Soundtracks. For separate registration of an unpublished work 
that is fixed, or a published work that is published, only as embodied 
in a soundtrack that is an integral part of a motion picture, the 
deposit of identifying material in compliance with Sec. 202.21 of these 
regulations will suffice in lieu of an actual copy of the motion 
picture.
    (xiii) Oversize deposits. In any case where the deposit otherwise 
required by this section exceeds 96 inches in any dimension, identifying 
material complying with Sec. 202.21 of these regulations must be 
submitted instead of an actual copy or copies.
    (xiv) Pictorial advertising material. In the case of published 
pictorial advertising material, except for advertising material 
published in connection with motion pictures, the deposit of either one 
copy as published or prepublication material consisting of camera-ready 
copy is acceptable.
    (xv) Contributions to collective works. In the case of published 
contributions to collective works, the deposit of either one complete 
copy of the best edition of the entire collective work, the complete 
section containing the contribution if published in a newspaper,

[[Page 442]]

the entire page containing the contribution, the contribution cut from 
the paper in which it appeared, or a photocopy of the contribution 
itself as it was published in the collective work, will suffice in lieu 
of two complete copies of the entire collective work.
    (xvi) Phonorecords. In any case where the deposit phonorecord or 
phonorecords submitted for registration of a claim to copyright is 
inaudible on audio playback devices in the Examining Division of the 
Copyright Office, the Office will seek an appropriate deposit in 
accordance with paragraph (d) of this section.
    (xvii) Group registration of serials. For group registration of 
related serials, as specified in Sec. 202.3(b)(6), the deposit must 
consist of one complete copy of the best edition of each issue included 
in the group registration. In addition, two complimentary subscriptions 
to any serial for which group registration is sought must be entered and 
maintained in the name of the Library of Congress, and the copies must 
be submitted regularly and promptly after publication.
    (xviii) Architectural works. (A) For designs of unconstructed 
buildings, the deposit must consist of one complete copy of an 
architectural drawing or blueprint in visually perceptible form showing 
the overall form of the building and any interior arrangements of spaces 
and/or design elements in which copyright is claimed. For archival 
purposes, the Copyright Office prefers that the drawing submissions 
consist of the following in descending order of preference:
    (1) Original format, or best quality form of reproduction, including 
offset or silk screen printing;
    (2) Xerographic or photographic copies on good quality paper;
    (3) Positive photostat or photodirect positive;
    (4) Blue line copies (diazo or ozalid process).

The Copyright Office prefers that the deposit disclose the name(s) of 
the architect(s) and draftsperson(s) and the building site, if known.
    (B) For designs of constructed buildings, the deposit must consist 
of one complete copy of an architectural drawing or blueprint in 
visually perceptible form showing the overall form of the building and 
any interior arrangement of spaces and/or design elements in which 
copyright is claimed. In addition, the deposit must also include 
identifying material in the form of photographs complying with 
Sec. 202.21 of these regulations, which clearly discloses the 
architectural works being registered. For archival purposes, the 
Copyright Office prefers that the drawing submissions constitute the 
most finished form of presentation drawings and consist of the following 
in descending order of preference:
    (1) Original format, or best quality form of reproduction, including 
offset or silk screen printing;
    (2) Xerographic or photographic copies on good quality paper;
    (3) Positive photostat or photodirect positive;
    (4) Blue line copies (diazo or ozalid process).

With respect to the accompanying photographs, the Copyright Office 
prefers 8 x 10 inches, good quality photographs, which clearly show 
several exterior and interior views. The Copyright Office prefers that 
the deposit disclose the name(s) of the architect(s) and draftsperson(s) 
and the building site.
    (xix) Works fixed in a CD-ROM format. (A) Where a work is fixed in a 
CD-ROM format, the deposit must consist of one complete copy of the 
entire CD-ROM package, including a complete copy of any accompanying 
operating software and instructional manual, and a printed version of 
the work embodied in the CD-ROM, if the work is fixed in print as well 
as a CD-ROM. A complete copy of a published CD-ROM package includes all 
of the elements comprising the applicable unit of publication, including 
elements that if considered separately would not be copyrightable 
subject matter or could be the subject of a separate registration.
    (B) In any case where the work fixed in a CD-ROM package cannot be 
viewed on equipment available in the Examining Division of the Copyright 
Office, the Office will seek an appropriate deposit in accordance with 
paragraph (d) of this section, in addition to the deposit of the CD-ROM 
package.

[[Page 443]]

    (d) Special relief. (1) In any case the Register of Copyrights may, 
after consultation with other appropriate officials of the Library of 
Congress and upon such conditions as the Register may determine after 
such consultation:
    (i) Permit the deposit of one copy or phonorecord, or alternative 
identifying material, in lieu of the one or two copies or phonorecords 
otherwise required by paragraph (c)(1) of this section;
    (ii) Permit the deposit of incomplete copies or phonorecords, or 
copies or phonorecords other than those normally comprising the best 
edition; or
    (iii) Permit the deposit of an actual copy or copies, in lieu of the 
identifying material otherwise required by this section; or
    (iv) Permit the deposit of identifying material which does not 
comply with Sec. 202.21 of these regulations.
    (2) Any decision as to whether to grant such special relief, and the 
conditions under which special relief is to be granted, shall be made by 
the Register of Copyrights after consultation with other appropriate 
officials of the Library of Congress, and shall be based upon the 
acquisition policies of the Library of Congress then in force and the 
archival and examining requirements of the Copyright Office.
    (3) Requests for special relief under this paragraph may be combined 
with requests for special relief under Sec. 202.19(e) of these 
regulations. Whether so combined or made solely under this paragraph, 
such requests shall be made in writing to the Chief, Examining Division 
of the Copyright Office, shall be signed by or on behalf of the person 
signing the application for registration, and shall set forth specific 
reasons why the request should be granted.
    (4) The Register of Copyrights may, after consultation with other 
appropriate officials of the Library of Congress, terminate any ongoing 
or continuous grant of special relief. Notice of termination shall be 
given in writing and shall be sent to the individual person or 
organization to whom the grant of special relief had been given, at the 
last address shown in the records of the Copyright Office. A notice of 
termination may be given at any time, but it shall state a specific date 
of termination that is at least 30 days later than the date the notice 
is mailed. Termination shall not affect the validity of any deposit or 
registration made earlier under the grant of special relief.
    (e) Use of copies and phonorecords deposited for the Library of 
Congress. Copies and phonorecords deposited for the Library of Congress 
under section 407 of title 17 and Sec. 202.19 of these regulations may 
be used to satisfy the deposit provisions of this section if they are 
accompanied by an application for registration of claim to copyright in 
the work represented by the deposit, and either a registration fee or a 
deposit account number on the application.

[51 FR 6405, Feb. 24, 1986, as amended at 53 FR 29890, Aug. 9, 1988; 54 
FR 13176, 13181, Mar. 31, 1989; 54 FR 21059, May 16, 1989; 55 FR 50557, 
Dec. 7, 1990; 56 FR 47403, Sept. 19, 1991; 56 FR 55632, Oct. 29, 1991; 
56 FR 60065, Nov. 27, 1991; 56 FR 65191, Dec. 16, 1991; 57 FR 45310, 
Oct. 1, 1992; 60 FR 34168, June 30, 1995; 62 FR 35421, July 1, 1997]