[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: 37CFR202.23]
[Page 448-452]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT--Table of Contents
Sec. 202.23 Full term retention of copyright deposits.
(a) General. (1) This section prescribes conditions under which a
request for full term retention, under the control of the Copyright
Office, of copyright deposits (copies, phonorecords, or identifying
material) of published works may be made and granted or denied pursuant
to section 704(e) of title 17 of the United States Code. Only copies,
phonorecords, or identifying material deposited in connection with
registration of a claim to copyright under title 17 of the United States
Code are within the provisions of this section. Only the depositor or
the copyright owner of record of the work identified by the copyright
deposit, or a duly authorized agent of the depositor or copyright owner,
may request full term retention. A fee for this service is fixed by this
section pursuant to section 708(a)(11) of title 17 of the United States
Code.
(2) For purposes of this section, under the control of the Copyright
Office shall mean within the confines of Copyright Office buildings and
under the control of Copyright Office employees, including retention in
a Federal records center, but does not include transfer to the Library
of Congress collections.
(3) For purposes of this section, full term retention means
retention for a period of 75 years from the date of publication of the
work identified by the particular copyright deposit which is retained.
(4) For purposes of this section, copyright deposit or its plural
means the copy, phonorecord, or identifying material submitted to the
Copyright Office in connection with a published work that is
subsequently registered and made part of the records of the Office.
(b) Form and content of request for full term retention--(1) Forms.
The Copyright Office does not provide printed forms for the use of
persons requesting full term retention of copyright deposits.
(2) Requests for full term retention must be made in writing
addressed to the Chief, Information and Reference Division of the
Copyright Office, and shall (i) be signed by or on behalf of the
depositor or copyright owner of record, and (ii) clearly indicate that
full term retention is desired.
(3) The request for full term retention must adequately identify the
particular copyright deposit to be retained, preferably by including the
title used in the registration application, the name of the depositor or
copyright owner of record, the publication date, and, if registration
was completed earlier, the registration number.
(c) Conditions under which requests will be granted or denied--(1)
General. A request that meets the requirements of paragraph (b) will
generally be granted if the copyright deposit for which full term
retention is requested has been continuously in the custody of the
Copyright Office and the Library of Congress has not, by the date of the
request, selected the copyright deposit for its collections.
(2) Time of request. The request for full term retention of a
particular copyright deposit may be made at the time of deposit or at
any time thereafter; however, the request will be granted only if at
least one copy, phonorecord, or set of identifying material is in the
custody of the Copyright Office at the time of the request. Where the
request is made concurrent with the initial deposit of the work for
registration, the requestor must submit one copy or phonorecord more
than the number specified in Sec. 202.20 of 37 CFR for the particular
work.
(3) One deposit retained. The Copyright Office will retain no more
than one copy, phonorecord, or set of identifying material for a given
registered work.
(4) Denial of request for full term retention. The Copyright Office
reserves the right to deny the request for full term retention where:
(i) The excessive size, fragility, or weight of the deposit would,
in the sole discretion of the Register of Copyrights, constitute an
unreasonable
[[Page 449]]
storage burden. The request may nevertheless be granted if, within 60
calendar days of the original denial of the request, the requestor pays
the reasonable administrative costs, as fixed in the particular case by
the Register of Copyrights, of preparing acceptable identifying
materials for retention in lieu of the actual copyright deposit;
(ii) The Library of Congress has selected for its collections the
single copyright deposit, or both, if two copies or phonorecords were
deposited; or
(iii) Retention would result in a health or safety hazard, in the
sole judgment of the Register of Copyrights. The request may
nevertheless be granted if, within 60 calendar days of the original
denial of the request, the requestor pays the reasonable administrative
costs, as fixed in the particular case by the Register of Copyrights of
preparing acceptable identifying materials for retention in lieu of the
actual copyright deposit.
(d) Form of copyright deposit. If full term retention is granted,
the Copyright Office will retain under its control the particular
copyright deposit used to make registration for the work. Any deposit
made on after September 19, 1978 shall satisfy the requirements of 37
CFR 202.20 and 202.21.
(e) Fee for full term retention. (1) Pursuant to section 708(a)(11)
of title 17 of the United States Code, the Register of Copyrights has
fixed the fee for full term retention, as prescribed in Sec. 201.3(d),
for each copyright deposit granted full term retention.
(2) A check or money order in the amount prescribed in Sec. 201.3(d)
payable to the Register of Copyrights, must be received in the Copyright
Office within 60 calendar days from the date of mailing of the Copyright
Office's notification to the requestor that full term retention has been
granted for a particular copyright deposit.
(3) The Copyright Office will issue a receipt acknowledging payment
of the fee and identifying the copyright deposit for which full term
retention has been granted.
(f) Selection by Library of Congress--(1) General. All published
copyright deposits are available for selection by the Library of
Congress until the Copyright Office has formally granted a request for
full term retention. Unless the requestor has deposited the additional
copy or phonorecord specified by paragraph (c)(2) of this section, the
Copyright Office will not process a request for full term retention
submitted concurrent with a copyright registration application and
deposit, until the Library of Congress has had a reasonable amount of
time to make its selection determination.
(2) A request for full term retention made at the time of deposit of
a published work does not affect the right of the Library to select one
or both of the copyright deposits.
(3) If one copyright deposit is selected, the second deposit, if
any, will be used for full term retention.
(4) If both copyright deposits are selected, or, in the case where
the single deposit made is selected, full term retention will be granted
only if the additional copy or phonorecord specified by paragraph (c)(2)
was deposited.
(g) Termination of full term storage. Full term storage will cease
75 years after the date of publication of the work identified by the
copyright deposit retained, and the copyright deposit will be disposed
of in accordance with section 704, paragraphs (b) through (d), of title
17 of the United States Code.
[52 FR 28822, Aug. 4, 1987, as amended at 60 FR 34168, June 30, 1995; 63
FR 29139, May 28, 1998; 64 FR 29522, June 1, 1999]
Appendix A to Part 202--Technical Guidelines Regarding Sound Physical
Condition
To be considered a copy ``of sound physical condition'' within the
meaning of 37 CFR 202.22(d)(5), a copy shall conform to all the
technical guidelines set out in this Appendix.
A. Physical Condition. All portions of the copy that reproduce the
transmission program must be:
1. Clean: Free from dirt, marks, spots, fungus, or other smudges,
blotches, blemishes, or distortions;
2. Undamaged: Free from burns, blisters, tears, cuts, scratches,
breaks, erasure, or other physical damage. The copies must also be free
from:
(i) Any damage that interferes with performance from the tape or
other reproduction, including physical damage resulting from earlier
mechanical difficulties such as cassette jamming, breaks, tangles, or
tape overflow; and
[[Page 450]]
(ii) Any erasures, damage causing visual or audible defects or
distortions or any material remaining from incomplete erasure of
previously recorded works.
3. Unspliced: Free from splices in any part of the copy reproducing
the transmission program, regardless of whether the splice involves the
addition or deletion of material or is intended to repair a break or
cut.
4. Undeteriorated: Free from any visual or aural deterioration
resulting from aging or exposure to climatic, atmospheric, or other
chemical or physical conditions, including heat, cold, humidity,
electromagnetic fields, or radiation. The copy shall also be free from
excessive brittleness or stretching, from any visible flaking of oxide
from the tape base or other medium, and from other visible signs of
physical deterioration or excessive wear.
B. Physical Appurtenances of Deposit Copy.
1. Physical Housing of Video Tape Copy. (a) In the case of video
tape reproduced for reel-to-reel performance, the deposit copy shall
consist of reels of uniform size and length. The length of the reels
will depend on both the size of the tape and its running time (the last
reel may be shorter). (b) In the case of video tape reproduced for
cassette, cartridge, or similar performance, the tape drive mechanism
shall be fully operable and free from any mechanical defects.
2. ``Leader'' or Equivalent. The copy, whether housed in reels,
cassettes, or cartridges, shall have a leader segment both preceding the
beginning and following the end of the recording.
C. Visual and Aural Quality of Copy:
1. Visual Quality. The copy should be equivalent to an evaluated
first generation copy from an edited master tape and must reproduce a
flawless and consistent electronic signal that meets industry standards
for television screening.
2. Aural Quality. The sound channels or other portions must
reproduce a flawless and consistent electronic signal without any
audible defects.
(17 U.S.C. 407, 408, 702)
[48 FR 37209, Aug. 17, 1983, as amended at 60 FR 34168, June 30, 1995]
Appendix B to Part 202--``Best Edition'' of Published Copyrighted Works
for the Collections of the Library of Congress
The copyright law (title 17, United States Code) requires that
copies or phonorecords deposited in the Copyright Office be of the
``best edition'' of the work. The law states that ``The `best edition'
of a work is the edition, published in the United States at any time
before the date of deposit, that the Library of Congress determines to
be most suitable for its purposes.'' (For works first published only in
a country other than the United States, the law requires the deposit of
the best edition as first published.)
When two or more editions of the same version of a work have been
published, the one of the highest quality is generally considered to be
the best edition. In judging quality, the Library of Congress will
adhere to the criteria set forth below in all but exceptional
circumstances.
Where differences between editions represent variations in
copyrightable content, each edition is a separate version and ``best
edition'' standards based on such differences do not apply. Each such
version is a separate work for the purpose of the copyright law.
The criteria to be applied in determining the best edition of each
of several types of material are listed below in descending order of
importance. In deciding between two editions, a criterion-by-criterion
comparison should be made. The edition which first fails to satisfy a
criterion is to be considered of inferior quality and will not be an
acceptable deposit. Example: If a comparison is made between two
hardbound editions of a book, one a trade edition printed on acid-free
paper, and the other a specially bound edition printed on average paper,
the former will be the best edition because the type of paper is a more
important criterion than the binding.
Under regulations of the Copyright Office, potential depositors may
request authorization to deposit copies or phonorecords of other than
the best edition of a specific work (e.g., a microform rather than a
printed edition of a serial), by requesting ``special relief'' from the
deposit requirements. All requests for special relief should be in
writing and should state the reason(s) why the applicant cannot send the
required deposit and what the applicant wishes to submit instead of the
required deposit.
I. Printed Textual Matter
A. Paper, Binding, and Packaging:
1. Archival-quality rather than less-permanent paper.
2. Hard cover rather than soft cover.
3. Library binding rather than commercial binding.
4. Trade edition rather than book club edition.
5. Sewn rather than glue-only binding.
6. Sewn or glued rather than stapled or spiral-bound.
7. Stapled rather than spiral-bound or plastic-bound.
8. Bound rather than looseleaf, except when future looseleaf
insertions are to be issued. In the case of looseleaf materials, this
includes the submission of all binders and indexes when they are part of
the unit as published and offered for sale or distribution.
Additionally, the regular and timely receipt of all appropriate
looseleaf updates, supplements, and releases including supplemental
[[Page 451]]
binders issued to handle these expanded versions, is part of the
requirement to properly maintain these publications.
9. Slip-cased rather than nonslip-cased.
10. With protective folders rather than without (for broadsides).
11. Rolled rather than folded (for broadsides).
12. With protective coatings rather than without (except broadsides,
which should not be coated).
B. Rarity:
1. Special limited edition having the greatest number of special
features.
2. Other limited edition rather than trade edition.
3. Special binding rather than trade binding.
C. Illustrations:
1. Illustrated rather than unillustrated.
2. Illustrations in color rather than black and white.
D. Special Features:
1. With thumb notches or index tabs rather than without.
2. With aids to use such as overlays and magnifiers rather than
without.
E. Size:
1. Larger rather than smaller sizes. (Except that large-type
editions for the partially-sighted are not required in place of editions
employing type of more conventional size.)
II. Photographs
A. Size and finish, in descending order of preference:
1. The most widely distributed edition.
2. 8 x 10-inch glossy print.
3. Other size or finish.
B. Unmounted rather than mounted.
C. Archival-quality rather than less-permanent paper stock or
printing process.
III. Motion Pictures
Film medium is considered a better quality than any other medium.
The formats under ``film'' and ``video formats'' are listed in
descending order of preference:
A. Film
1. Preprint material with special arrangement.
2. 35mm positive prints.
3. 16mm positive prints.
B. Video Formats
1. One-inch open reel tape
2. Betacam SP
3. D-2
4. Betacam
5. Videodisc
6. Three-quarter inch cassette
7. One-half inch VHS cassette
IV. Other Graphic Matter
A. Paper and Printing:
1. Archival quality rather than less-permanent paper.
2. Color rather than black and white.
B. Size and Content:
1. Larger rather than smaller size.
2. In the case of cartographic works, editions with the greatest
amount of information rather than those with less detail.
C. Rarity:
1. The most widely distributed edition rather than one of limited
distribution.
2. In the case of a work published only in a limited, numbered
edition, one copy outside the numbered series but otherwise identical.
3. A photographic reproduction of the original, by special
arrangement only.
D. Text and Other Materials:
1. Works with annotations, accompanying tabular or textual matter,
or other interpretative aids rather than those without them.
E. Binding and Packaging:
1. Bound rather than unbound.
2. If editions have different binding, apply the criteria in I.A.2-
I.A.7, above.
3. Rolled rather than folded.
4. With protective coatings rather than without.
V. Phonorecords
A. Compact digital disc rather than a vinyl disc.
B. Vinyl disc rather than tape.
C. With special enclosures rather than without.
D. Open-reel rather than cartridge.
E. Cartridge rather than cassette.
F. Quadraphonic rather than stereophonic.
G. True stereophonic rather than monaural.
H. Monaural rather than electronically rechanneled stereo.
VI. Musical Compositions
A. Fullness of Score:
1. Vocal music:
a. With orchestral accompaniment--
i. Full score and parts, if any, rather than conductor's score and
parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to full score only.)
ii. Conductor's score and parts, if any, rather than condensed score
and parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to conductor's score
only.)
b. Unaccompanied: Open score (each part on separate staff) rather
than closed score (all parts condensed to two staves).
2. Instrumental music:
a. Full score and parts, if any, rather than conductor's score and
parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to full score only.)
b. Conductor's score and parts, if any, rather than condensed score
and parts, if any. (In
[[Page 452]]
cases of compositions published only by rental, lease, or lending, this
requirement is reduced to conductor's score only.)
B. Printing and Paper:
1. Archival-quality rather than less-permanent paper.
C. Binding and Packaging:
1. Special limited editions rather than trade editions.
2. Bound rather than unbound.
3. If editions have different binding, apply the criteria in I.A.2-
I.A.12, above.
4. With protective folders rather than without.
VII. Microforms
A. Related Materials:
1. With indexes, study guides, or other printed matter rather than
without.
B. Permanence and Appearance:
1. Silver halide rather than any other emulsion.
2. Positive rather than negative.
3. Color rather than black and white.
C. Format (newspapers and newspaper-formatted serials):
1. Reel microfilm rather than any other microform.
D. Format (all other materials):
1. Microfiche rather than reel microfilm.
2. Reel microfilm rather than microform cassetes.
3. Microfilm cassettes rather than micro-opaque prints.
E. Size:
1. 35 mm rather than 16 mm.
VIII. Machine-Readable Copies
A. Computer Programs
1. With documents and other accompanying material rather than
without.
2. Not copy-protected rather than copy-protected (if copy-protected
then with a backup copy of the disk(s)).
3. Format:
a. PC-DOS or MS-DOS (or other IBM compatible formats, such as
XENIX):
(i) 5\1/4\" Diskette(s).
(ii) 3\1/2\" Diskette(s).
(iii) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
b. Apple Macintosh:
(i) 3\1/2\" Diskette(s).
(ii) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
B. Computerized Information Works, Including Statistical Compendia,
Serials, or Reference Works:
1. With documentation and other accompanying material rather than
without.
2. With best edition of accompanying program rather than without.
3. Not copy-protected rather than copy-protected (if copy-protected
then with a backup copy of the disk(s)).
4. Format
a. PC-DOS or MS-DOS (or other IBM compatible formats, such as
XENIX):
(i) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
(ii) 5\1/4\" Diskette(s).
(iii) 3\1/2\" Diskette(s).
b. Apple Macintosh:
(i) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
(ii) 3\1/2\" Diskette(s).
IX. Works Existing in More Than One Medium
Editions are listed below in descending order of preference.
A. Newspapers, dissertations and theses, newspaper-formatted
serials:
1. Microform.
2. Printed matter.
B. All other materials:
1. Printed matter.
2. Microform.
3. Phonorecord.
[54 FR 42299, Oct. 16, 1989, as amended at 62 FR 51603, Oct. 2, 1997]