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C O M P E N D IUM
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 Chapter 1500 
Deposits   
     
What This Chapter Covers .............................................................................................................................................. 7 
Deposit for Registration Distinguished from Mandatory Deposit .................................................................. 7 
Deposit for Registration .................................................................................................................................................. 8 
1  Overview of the Deposit Requirement ...................................................................................................................... 8 
2  Refusal to Register ............................................................................................................................................................ 9 
What Is the Best Edition of the Work? ....................................................................................................................... 9 
1  Works Exempt from the Best Edition Requirement .......................................................................................... 10 
2  Works Subject to the Best Edition Requirement ................................................................................................ 10 
3  Applicant Makes the Determination........................................................................................................................ 11 
What Is a Complete Copy or Phonorecord? .......................................................................................................... 11 
1  Copies or Phonorecords of Unpublished Works................................................................................................. 12 
2  Copies or Phonorecords of Published Works ...................................................................................................... 12 
3  Electronic Copies or Phonorecords of Unpublished Works ........................................................................... 12 
4  Electronic Copies or Phonorecords of Published Works ................................................................................. 12 
5  Copies or Phonorecords of a Contribution to a Collective Work .................................................................. 13 
Identifying Material ....................................................................................................................................................... 13 
Acceptable Formats for Registration Deposits .................................................................................................... 15 
1  Hard Copy Format .......................................................................................................................................................... 15 
2  Electronic Format ........................................................................................................................................................... 16 
How to Submit a Registration Deposit ................................................................................................................... 17 
1  Electronic Deposit Copy(ies) ...................................................................................................................................... 17 
2  Hard Copy Deposits ....................................................................................................................................................... 19 
3  Submitting the Deposit by Mail or by Commercial Carrier ............................................................................ 20 
4  Submitting the Deposit by Courier .......................................................................................................................... 20 
5  Submitting the Deposit by Hand ............................................................................................................................... 21 
6  Screening Deposits for Anthrax and Other Contaminants .............................................................................. 21 
6(A)  Deposits Damaged During Contaminants Screening ........................................................................................ 21 

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6(B)  How to Avoid Damage to Deposit Copy(ies) ........................................................................................................ 22 
7  Special Handling .............................................................................................................................................................. 22 
7(A)  How to Request Special Handling When Submitting an Application .......................................................... 22 
7(B)  How to Request Special Handling for a Pending Application ........................................................................ 22 
8  Special Relief from Registration Deposit Requirements ................................................................................. 22 
8(A)  What Is Special Relief? .................................................................................................................................................. 23 
8(B)  How to Request Special Relief ................................................................................................................................... 23 
8(C)  Ongoing or Continuous Grant of Special Relief ................................................................................................... 24 
8(D)  Termination of Special Relief ..................................................................................................................................... 24 
Deposit Requirements for Specific Types of Works .......................................................................................... 25 
1  Deposit Requirements for Literary Works ........................................................................................................... 25 
1(A)  Literary Monographs..................................................................................................................................................... 26 
1(B)  Serials .................................................................................................................................................................................. 26 
1(C)  Legal Publications........................................................................................................................................................... 27 
1(D)  Book Jackets ...................................................................................................................................................................... 27 
1(E)  Games .................................................................................................................................................................................. 28 
1(F)  Computer Programs ...................................................................................................................................................... 28 
1(F)(1)  Source Code ...................................................................................................................................................................... 29 
1(F)(2)  Derivative Computer Programs ................................................................................................................................ 30 
1(F)(3)  Source Code That Does Not Contain Trade Secret Material ........................................................................... 30 
1(F)(4)  Source Code That Contains Trade Secret Material ............................................................................................ 31 
1(F)(4)(a)  Background ....................................................................................................................................................................... 31 
1(F)(4)(b)  Computer Programs That Contain Trade Secret Material .............................................................................. 31 
1(F)(4)(c)  Derivative Computer Programs That Contain Trade Secret Material ........................................................ 33 
1(F)(4)(d)  Appropriate Method for Blocking Out Source Code That Contains  Trade Secret Material ............... 34 
1(F)(4)(e)  Special Relief for Computer Programs Containing Trade Secrets ............................................................... 35 
1(F)(5)  Computer Programs Fixed in a CD-ROM................................................................................................................ 35 
1(F)(6)  Computer Screen Displays .......................................................................................................................................... 35 
1(F)(7)  User Manuals and Other Documentation for a Computer Program ............................................................ 36 
1(G)  Databases ........................................................................................................................................................................... 37 
1(G)(1)  Databases Fixed in CD-ROMs ..................................................................................................................................... 37 

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1(G)(2)  Databases That Do Not Consist Predominantly of Photographs .................................................................. 37 
1(G)(3)  Databases That Predominantly Consist of Photographs ................................................................................. 39 
1(H)  Literary Works Fixed in a CD-ROM .......................................................................................................................... 39 
1(I)  Instructional Works ....................................................................................................................................................... 40 
1(J)  Tests and Answer Material for Tests....................................................................................................................... 40 
1(K)  Deposit Requirements for Group Registration Options ................................................................................... 40 
1(L)  Foreign Literary Works ................................................................................................................................................ 41 
1(M)  GATT Literary Works .................................................................................................................................................... 41 
1(N)  Deposit Requirements for Literary Works: At a Glance................................................................................... 42 
2  Deposit Requirements for Works of the Performing Arts .............................................................................. 48 
2(A)  Musical Works.................................................................................................................................................................. 49 
2(A)(1)  Unpublished Musical Works ....................................................................................................................................... 50 
2(A)(2)  Published Musical Works ............................................................................................................................................ 50 
2(A)(2)(a)  Musical Works Published in the United States in Phonorecords ................................................................. 50 
2(A)(2)(b)  Musical Works Published in the United States in Printed Copies ................................................................ 50 
2(A)(2)(c)  Musical Works First Published in a Foreign Country ....................................................................................... 52 
2(A)(2)(d)  Musical Works Published Solely in Motion Pictures ......................................................................................... 52 
2(B)  Sound Recordings ........................................................................................................................................................... 52 
2(B)(1)  Unpublished Sound Recordings ................................................................................................................................ 53 
2(B)(2)  Published Sound Recordings ...................................................................................................................................... 53 
2(B)(3)  Sound Recordings Published in Electronic Format ........................................................................................... 53 
2(B)(4)  Sound Recordings First Published in a Foreign Country................................................................................. 53 
2(C)  Dramatic Works .............................................................................................................................................................. 54 
2(C)(1)  Unpublished Dramatic Works.................................................................................................................................... 54 
2(C)(2)  Published Dramatic Works ......................................................................................................................................... 54 
2(D)  Choreographic Works and Pantomimes ................................................................................................................ 54 
2(D)(1)  Unpublished Choreographic Works and Pantomimes ..................................................................................... 54 
2(D)(2)  Published Choreographic Works and Pantomimes ........................................................................................... 55 
2(E)  Audiovisual Works ......................................................................................................................................................... 55 
2(E)(1)  Audiovisual Works Fixed in a CD-ROM .................................................................................................................. 55 
2(E)(2)  Audiovisual Works Fixed in Machine-Readable Copies Other Than a CD-ROM ..................................... 56 

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2(E)(3)  Audiovisual Works Published in Electronic Format ......................................................................................... 56 
2(F)  Motion Pictures ............................................................................................................................................................... 56 
2(F)(1)  Unpublished Motion Pictures .................................................................................................................................... 57 
2(F)(2)  Published Motion Pictures .......................................................................................................................................... 57 
2(F)(2)(a)  Motion Pictures Published in the United States on or After January 1, 1978.......................................... 57 
2(F)(2)(b)  Motion Pictures Published in a Foreign Country on or after January 1, 1978 ........................................ 59 
2(F)(3)  Motion Pictures Contained in Formats That Cannot Be Viewed by the U.S. Copyright Office .......... 59 
2(F)(4)  The Motion Picture Agreement ................................................................................................................................. 60 
2(F)(4)(a)  Who May Enter Into the Motion Picture Agreement? ...................................................................................... 60 
2(F)(4)(b)  Who May Sign the Motion Picture Agreement? .................................................................................................. 60 
2(F)(4)(c)  The Supplementary Property Agreement ............................................................................................................. 60 
2(F)(4)(d)  Return of the Deposit Copy Under the Motion Picture Agreement ............................................................. 61 
2(F)(4)(e)  Recall of the Deposit Copy Under the Motion Picture Agreement ............................................................... 61 
2(F)(4)(f)  Quality of the Copy Deposited Under the Motion Picture Agreement........................................................ 61 
2(F)(4)(g)  Termination of the Motion Picture Agreement ................................................................................................... 62 
2(G)  Deposit Requirements for Group Registration Options ................................................................................... 62 
2(H)  Foreign Works of the Performing Arts ................................................................................................................... 62 
2(I)  GATT Works of the Performing Arts ....................................................................................................................... 62 
2(J)  Registration Deposit Requirements for Works of the Performing Arts:  At a Glance........................... 63 
3  Visual Arts Works ........................................................................................................................................................... 67 
3(A)  Two-Dimensional Visual Arts Works ...................................................................................................................... 68 
3(A)(1)  Unpublished Works ....................................................................................................................................................... 68 
3(A)(2)  Published Works ............................................................................................................................................................. 68 
3(A)(3)  Certain Limited Editions .............................................................................................................................................. 68 
3(A)(4)  Works Reproduced in Sheet-like Materials .......................................................................................................... 68 
3(A)(5)  Published Greeting Cards, Picture Postcards, and Stationery ....................................................................... 69 
3(A)(6)  Published Calendars, Decals, Fabric Patches, or Emblems ............................................................................. 69 
3(A)(7)  Published Games ............................................................................................................................................................. 70 
3(A)(8)  Published Needlework and Craft Kits ..................................................................................................................... 70 
3(A)(9)  Published Commercial Prints, Labels, and Other Advertising Matter ........................................................ 70 
3(A)(10)  Pictorial or Graphic Works Reproduced on Three-Dimensional  Containers or Holders................... 70 

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3(A)(11)  Visual Arts Works Fixed in a CD-ROM .................................................................................................................... 71 
3(A)(12)  Deposit Requirements for Group Registration Options ................................................................................... 71 
3(B)  Three-Dimensional Visual Arts Works ................................................................................................................... 71 
3(B)(1)  Identifying Material Required.................................................................................................................................... 71 
3(B)(2)  Actual Copy(ies) Permitted in Some Exceptional Cases .................................................................................. 71 
3(C)  Identifying Material ....................................................................................................................................................... 72 
3(D)  Architectural Works ...................................................................................................................................................... 73 
3(E)  Foreign Visual Arts Works .......................................................................................................................................... 74 
3(E)(1)  Two-Dimensional Works ............................................................................................................................................. 74 
3(E)(2)  Three-Dimensional Works .......................................................................................................................................... 74 
3(E)(3)  GATT Visual Arts Works............................................................................................................................................... 74 
3(F)  Registration Deposit Requirements for Visual Arts Works: At a Glance ................................................... 74 
Storage of Deposits ........................................................................................................................................................ 80 
1  Deposit Storage ............................................................................................................................................................... 80 
2  Requests for Full-Term Deposit Storage for Published Works ..................................................................... 80 
3  Requests for Inspection or Copies of Deposits .................................................................................................... 81 
Mandatory Deposit ......................................................................................................................................................... 81 
1  What Is the Best Edition for Purposes of Mandatory Deposit? ..................................................................... 82 
2  What Is a Complete Copy or Phonorecord for Purposes of Mandatory Deposit? .................................. 83 
2(A)  Complete Copy of a Published Work ....................................................................................................................... 83 
2(B)  Sound Recordings ........................................................................................................................................................... 83 
2(C)  Musical Compositions Published by Rental, Lease, or Lending .................................................................... 83 
2(D)  Motion Pictures ............................................................................................................................................................... 83 
2(E)  Electronic Works............................................................................................................................................................. 83 
3  Works Exempt from Mandatory Deposit ............................................................................................................... 84 
4  Mandatory Deposit for Works Published Outside the United States .......................................................... 85 
5  Mandatory Deposit for Unpublished Transmission Programs ..................................................................... 86 
6  Mandatory Deposit for Electronic Serials ............................................................................................................. 86 
7  How to Submit Mandatory Deposits ....................................................................................................................... 87 
7(A)  Copies or Phonorecords Submitted with an Application for Registration ............................................... 87 
7(B)  Copies or Phonorecords Submitted without an Application for Registration ........................................ 87 

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1511.7(C)  Copies or Phonorecords Submitted in Response to a Demand Notice....................................................... 87 
1511.7(D)  Certificate of Receipt ..................................................................................................................................................... 89 
1511.8  Mandatory Deposit Requirements for Specific Categories of Works ......................................................... 89 
1511.8(A)  Literary Monographs..................................................................................................................................................... 89 
1511.8(B)  Serials Published in a Physical Format................................................................................................................... 90 
1511.8(C)  Published Newspapers ................................................................................................................................................. 91 
1511.8(D)  Computer Programs and Computerized Information Works ........................................................................ 91 
1511.8(E)  Musical Works.................................................................................................................................................................. 91 
1511.8(F)  Motion Pictures ............................................................................................................................................................... 92 
1511.8(G)  Published Multimedia Kits .......................................................................................................................................... 92 
1511.8(H)  Limited Edition Visual Arts Works .......................................................................................................................... 92 
1511.8(I)  Globes and Other Three-Dimensional Cartographic Works........................................................................... 92 
1511.8(J)  Architectural Works ...................................................................................................................................................... 92 
1511.9  Special Relief from the Mandatory Deposit Requirement .............................................................................. 93 

 
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 Chapter 1500 
Deposits 
  1501  What This Chapter Covers 
This Chapter discusses the deposit requirements for a variety of creative works. The 
term “deposit” is frequently misunderstood. It refers to the copy or copies of a work that 
are submitted to the U.S. Copyright Office. It does not refer to the filing fee that must be 
paid in order to register a work with the Office. 
This Chapter is divided into two parts: Sections 1503 through 1510 discuss the deposit 
requirements for copyright registration, while Section 1511 discusses the mandatory 
deposit requirement (i.e., the deposit to the Library of Congress that is required of all 
works that are published in the United States). The information in this Chapter applies 
only to works subject to copyright protection under the 1976 Copyright Act. 
•  For a discussion of the deposit requirements for works first copyrighted under 
federal law prior to January 1, 1978, see Chapter 2100. 
•  For a discussion of the deposit requirements for mask works, see Chapter 1200, 
Section 1210.2(C). 
•  For a discussion of the deposit requirements for vessel designs, see Chapter 1300, 
Section 1313. 
  1502  Deposit for Registration Distinguished from Mandatory Deposit 
The U.S. Copyright Act provides for two separate sets of deposit requirements: deposits 
submitted in connection with registration applications and deposits submitted in 
accordance with the mandatory deposit provisions (or “legal deposit” provisions) of the 
law. The U.S. Copyright Office administers both sets of provisions. 
Mandatory deposit is a statutory requirement for the benefit of the national collection of 
the Library of Congress. Section 407 of the Copyright Act provides that the owner of 
copyright or the owner of the exclusive right of publication in a work published in the 
United States must deposit two copies or phonorecords of the work within three months 
after publication. 17 U.S.C. § 407(a). 
As discussed below in Section 1511.3, the Register of Copyrights has the authority to 
adjust or exempt certain works from the deposit requirements, as appropriate given the 
needs or concerns of applicants and the public. 17 U.S.C. §§ 407(c), 408(c)(1). 
Registration is not required as a condition for copyright protection. But when an 
applicant chooses to register an original work of authorship, the deposit requirements 
for that work are governed by Section 408 of the Copyright Act. The Register specifies 
by regulation the form of deposit that must accompany a copyright claim. These 
deposits are used to examine the work for copyrightable authorship, to verify the 
authorship claimed in the application, and to verify the facts stated in the application. 
Deposits may also be used for evidentiary purposes in litigation involving a copyrighted 

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work. Additionally, these deposits may be selected by the Library of Congress for use in 
its collections. 17 U.S.C. § 704. 
In most cases, a deposit submitted for purposes of satisfying the mandatory deposit 
requirement may be used to satisfy the deposit requirement for registration, provided 
that the applicant submits the prescribed application and filing fee and any additional 
identifying material that the regulations may require. See 17 U.S.C. § 408(b).  
For some classes of works, the deposit requirements for registration and mandatory 
deposit are not the same. In such cases, a separate submission of copies, phonorecords, 
or identifying material may be needed to register the work and to satisfy the mandatory 
deposit requirements. For example, mandatory deposit for a computer program 
requires two complete copies of the best edition, while registration may be 
accomplished with identifying material containing a selection of the source code for that 
work. (For a definition and discussion of the term “best edition,” see Section 1504.) 
  1503  Deposit for Registration 
  1503.1  Overview of the Deposit Requirement 
To register a copyright claim with the U.S. Copyright Office, an applicant must submit (i) 
a completed application, (ii) the appropriate filing fee, and (iii) a complete deposit of the 
work.  
Section 408 of the Copyright Act provides general requirements for registration deposit 
copies. These requirements vary depending on whether the applicant intends to register 
a published work, an unpublished work, or a foreign work. 
•  For unpublished works, the applicant generally should submit one complete copy  
or phonorecord of the work. See 17 U.S.C. § 408(b)(1), 37 C.F.R. § 202.20(c)(1)(i).  
In the case of an unpublished pictorial, graphic, or sculptural work, the applicant 
generally may submit identifying material in lieu of an actual copy. See 37 C.F.R. § 
202.20(c)(2)(iv), (xi)(A). 
•  For works first published in the United States on or after January 1, 1978, the 
applicant generally should submit two complete copies or phonorecords of the 
work, typically in the best edition format. See id. § 202.20(c)(1)(iii). Specifically, the 
applicant should submit two complete copies or phonorecords of the “best” edition 
that exists at the time the claim is filed. However, there are several exceptions to 
this rule, which are discussed in Sections 1509.1 through 1509.3. See id. § 
202.20(c)(2). 
•  For works published solely in a foreign country, the applicant should submit one 
complete copy or phonorecord of the work as first published in that country.  
See id. § 202.20(c)(1)(iv). For works first published in a foreign country and 
subsequently published in the United States, the applicant may submit one complete 
copy or phonorecord of the work as first published in the foreign country. 
Alternatively, the applicant may submit one complete copy or phonorecord of the 
best edition published in the United States. 

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•  A work that is first published simultaneously in the United States and a foreign 
country is considered published in the United States. Id. As such, two complete 
copies or phonorecords of the best edition are generally required for such works.  
The terms “best edition,” “complete copy,” and “identifying material” are defined and 
discussed in Sections 1504, 1505, and 1506. Section 1507 discusses the appropriate 
format for the deposit, while Sections 1508.1 through 1508.7 discuss the procedure for 
submitting the deposit to the Office. Section 1508.8 discusses the procedure for 
requesting special relief from the deposit requirements. 
  1503.2  Refusal to Register 
If the U.S. Copyright Office determines that the applicant failed to comply with the 
deposit requirements for a particular work, the registration specialist may communicate 
with the applicant or may refuse to register the claim. 17 U.S.C. § 410(b). The following 
are examples of situations where the Office may refuse to register a claim for failure to 
comply with the deposit requirement: 
•  The applicant failed to submit a copy or phonorecord of the work. 17 U.S.C. § 408(a). 
•  The applicant failed to submit a complete copy or phonorecord of the work. Id. § 
408(b), 37 C.F.R. § 202.20(c)(1)(i)-(iv). 
•  The applicant failed to submit two copies or phonorecords of the best edition of a 
work published in the United States. 17 U.S.C. § 408(b)(2). 
•  The applicant failed to submit a bona fide copy of the work. 
•  The applicant failed to submit the required identifying material that is sufficient to 
show the authorship claimed in the application. 37 C.F.R. § 202.20(c)(2)(iv), (vii)-
(xiv). 
•  The applicant failed to submit the work in an acceptable format. 
•  The applicant submitted the work in a form that cannot be examined by the Office. 
The applicant must submit a bona fide copy of the work, regardless of whether the 
deposit consists of a complete copy, a complete phonorecord, or identifying material. 
For purposes of registration, a bona fide copy is a copy or phonorecord (i) that is 
virtually identical to the original copy or phonorecord of the work, and (ii) that is made 
from or by directly referring to the original copy or phonorecord. Torres-Negron v. J&N 
Records, LLC, 504 F.3d 151, 157 (1st Cir. 2007), abrogated on other grounds by Reed 
Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010); Kodadek v. MTV Networks, Inc., 152 F.3d 
1209, 1211-12 (9th Cir. 1998). 
  1504  What Is the Best Edition of the Work? 
The Copyright Act states that the “material deposited for registration [of a published 
work] shall include . . . two complete copies or phonorecords of the best edition.” 17 
U.S.C. § 408(b)(2) (emphasis added). 

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The “best edition” of a work is defined as “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.” 17 U.S.C. § 101; 37 C.F.R. §§ 202.19(b)(1), 202.20(b)(1). 
The criteria used to identify the best edition for a particular work are listed in the “Best 
Edition Statement,” which is set forth in Appendix B to Part 202 of the Office’s 
regulations. It is also posted on the Office’s website in Best Edition of Published 
Copyrighted Works for the Collections of the Library of Congress (Circular 7b). 
N OT E:  If a work was published in both a hard copy format (i.e., in a physically tangible 
format) and an electronic format, the requirements set forth in the Best Edition 
Statement for the hard copy format apply. 37 C.F.R. § 202.20(b)(1). It is the applicant’s 
responsibility to submit the correct deposit. 
  1504.1  Works Exempt from the Best Edition Requirement  
For purposes of registration, the following types of works are exempt from the best 
edition requirement: 
•  Unpublished works (including works that were published after the claim was 
submitted to the U.S. Copyright Office). 
•  Works published solely in a foreign country. 
See 37 C.F.R. § 202.20(c)(1)(i), (c)(1)(iv). 
If the work is unpublished, the applicant may upload an electronic copy of the work in 
an acceptable file format. The list of acceptable file formats is discussed in Section 1507 
below. 
Likewise, the applicant may upload an electronic copy if the work was unpublished 
when the claim was submitted. There is no need to submit additional copy(ies) or 
phonorecord(s) if the work is subsequently published while the work is being examined 
or after the claim has been registered or refused. 
If the work was published solely in a foreign country, the applicant may submit one copy 
of the first published edition of that work. 
  1504.2  Works Subject to the Best Edition Requirement 
As discussed in Section 1503.1, the applicant generally should submit two complete 
copies or phonorecords of the best edition of the work if the work was first published in 
the United States on or after January 1, 1978. See 37 C.F.R. § 202.20(c)(1)(iii). If the 
work was first published in a foreign country and then subsequently published in the 
United States, the applicant may submit one complete copy of the foreign edition, or 
alternatively, the applicant may submit one complete copy of the best edition published 
in this country. See id. § 202.20(c)(1)(iv). If a work was published in the United States in 
both a physical format and an electronic format, the applicant should submit the best 
edition of the work in the physical format. See id. § 202.20(b)(1). 

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To identify the “best” edition of the work, applicants should focus solely on the

edition(s) or format(s) that actually exist as of the date that the claim is filed. For

example, if a novel was published in paperback form on the date the claim was filed, the

applicant should submit the work in that format, even if the work is subsequently

published in another format that the Library may prefer.

To be clear, applicants do not need to create a new edition of a work in order to satisfy

the best edition requirement. For example, if a motion picture was published solely on

DVD as of the date that the claim was filed, the applicant may submit the work in that

format; there is no need to produce another edition solely for the purpose of seeking a

registration.

If the applicant is unable to submit a complete copy or phonorecord of the best edition,

the applicant may ask for special relief from the deposit requirements. For information

concerning this procedure, see Section 1508.8.

1504.3 Applicant Makes the Determination

As a general rule, the applicant – not the U.S. Copyright Office – should determine

whether the work is subject to the best edition requirement for purposes of registration.

This determination should be based on the facts that exist at the time when the claim is

filed with the Office.

The registration specialist will not ordinarily conduct independent research to

determine whether a particular work is subject to the best edition requirement, whether

the applicant submitted the best edition of that work, or whether a different edition may

be required. In most cases, the specialist will accept the applicant’s determination,

unless it is contradicted by information provided in the deposit itself or elsewhere in the

registration materials. The Office leaves it to a court to determine whether a failure to

comply with the best edition requirement was a knowing misrepresentation.

If the work was published solely in a format that is not listed in the Best Edition

Statement, the applicant may seek further guidance concerning the deposit

requirements for registration by submitting a written request to the Office of

Registration Policy & Practice. The Office will provide the applicant with general

information about the provisions of the Copyright Act, including the statutory definition

of “best edition,” and will explain the regulatory requirements for registering that type

of work.

1505 What Is a Complete Copy or Phonorecord?

The meaning of the term “complete” copy or phonorecord varies depending on the

following factors:

• The type of work.

• Whether the work is unpublished or published.

• If published, whether the work was published in electronic or hard copy format.

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•  If the work was published as a contribution to a collective work.  
See 37 C.F.R. § 202.20(b)(2). These factors are discussed in Sections 1505.1 through 
1505.5 below. 
  1505.1  Copies or Phonorecords of Unpublished Works 
A copy or phonorecord of an unpublished work is complete if it contains all of the 
copyrightable authorship claimed on the application. See 37.C.F.R. § 202.20(b)(2)(i). 
  1505.2  Copies or Phonorecords of Published Works 
A copy or phonorecord of a published work is complete if it “includes all elements 
comprising the applicable unit of publication of the work, including elements that, if 
considered separately, would not be copyrightable subject matter.” 37 C.F.R. § 
202.20(b)(2)(ii).  
There are several exceptions to this rule. Where certain physically separable elements 
usually attached to a unit of publication are missing, the copy or phonorecord is 
complete if: 
•  The deposit contains all parts of the work claimed on the application; 
•  The removal of the missing elements did not physically damage the copy or 
phonorecord or garble its contents; and 
•  The work is exempt from the mandatory deposit requirements under 17 U.S.C. § 
407; or 
•  The deposit 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….”  
37 C.F.R. § 202.20(b)(2)(ii). 
  1505.3  Electronic Copies or Phonorecords of Unpublished Works  
An electronic copy or phonorecord of an unpublished work is complete if it is submitted 
in a digital file that contains all of the copyrightable authorship claimed on the 
application. 37 C.F.R. § 202.20(b)(2)(iii)(A). 
  1505.4  Electronic Copies or Phonorecords of Published Works  
If the work is published solely in an electronic format, a copy or phonorecord of that 
work is complete if it is submitted in a digital file that contains all elements constituting 
the work in its published form (i.e., the complete work as published), including metadata 
and authorship for which registration is not sought. 37 C.F.R. § 202.20(b)(2)(iii)(B) 
(“Publication in an electronic only format requires submission of the digital file[s] in 
exact first-publication form and content.”).  

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  1505.5  Copies or Phonorecords of a Contribution to a Collective Work  
As a general rule, a copy or phonorecord of a contribution to a published collective work 
is complete if the applicant submits one of the following: 
•  One complete copy of the best edition of the entire published collective work; or  
•  A photocopy or facsimile copy (i.e., an exact copy equivalent) of the contribution as 
it was published in the collective work. 
If the contribution was published in a newspaper, the copy is complete if the applicant 
submits one of the following: 
•  The complete section containing the contribution; or  
•  The contribution cut out from the newspaper in which it appeared.  
See 37 C.F.R. § 202.20(b)(2)(iv). 
  1506  Identifying Material 
Identifying material (“ID material”) is material that adequately represents the 
authorship claimed in an unpublished or published work. The U.S. Copyright Office has 
the authority to accept identifying material in lieu of a complete copy or phonorecord in 
cases where the copies or phonorecords would be too “bulky, unwieldy, easily broken, 
or otherwise impractical [to serve] as records identifying the work registered.” H.R. REP. 
NO. 94–1476, at 154 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5770.  
Examples: 
•  To register a sculpture, the applicant may submit identifying 
material consisting of photographs taken at every angle of the 
sculpture, rather than submitting the actual sculpture. See 37 C.F.R. 
§§ 202.20(c)(2)(xi)(A)(1), 202.21(b). 
•  To register a copyrightable design that has been applied to the back 
of a chair or other useful article, the applicant should submit 
drawings or photographs of the design as it appears on the chair 
rather than the actual piece of furniture. See 37 C.F.R. §§ 
202.20(c)(2)(xi)(B)(2), 202.21(a). 
•  To register a computer program, the applicant generally may 
submit identifying material containing a selection of the source code 
from the program. See 37 C.F.R. § 202.20(c)(2)(vii). 
Submitting identifying material may be mandatory or permissive. In some cases, the 
applicant must submit identifying material in lieu of copies or phonorecords of the 
actual work, while in other cases the applicant has the option of submitting identifying 
material or actual copies or phonorecords of the work. Identifying material must be 

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visually perceptible to the naked eye, meaning that the Office’s staff should not have to 
use a machine or device to examine the work. See 37 C.F.R. § 202.21(a). 
The Register also may require submission of identifying material by regulation, in 
addition to the best edition. 17 U.S.C. § 408(b). 
The specific type of identifying material that should be submitted varies depending on 
the type of work. The cases where identifying material is an acceptable substitute for 
copies or phonorecords of the actual work are described in the following sections: 
Literary Works  
•  Computer programs: Section 1509.1(F). See 37 C.F.R. § 202.20(c)(2)(vii). 
•  Databases: Sections 1509.1(G)(2) and 1509.1(G)(3). See id. § 202.20(c)(2)(vii)(D). 
•  Compilations or other types of literary works fixed or published solely in machine-
readable copies (other than a CD-ROM) from which the work cannot ordinarily be 
perceived except with the aid of a machine or device. See id. § 202.20(c)(2)(vii), 
(viii)(E).  
•  GATT Literary Works: Section 1509.1(M). See id. § 202.12(c)(3). 
Works of the Performing Arts 
•  Musical works published in motion pictures: Section 1509.2(A)(2)(d). See id. § 
202.20(c)(2)(xii). 
•  Audiovisual works that have not been fixed on CD-ROM: Section 1509.2(E)(2). See 
id. § 202.20(c)(2)(viii)(B). 
•  Unpublished motion pictures: Section 1509.2(F)(2). See id. § 202.20(c)(2)(ii). 
•  Audiovisual works, musical compositions, or sound recordings fixed or published 
solely in machine-readable copies (other than a CD-ROM) from which the work 
cannot ordinarily be perceived except with the aid of a machine or device. See id. § 
202.20(c)(2)(viii)(B)-(D). 
•  GATT Works of the Performing Arts: Section 1509.2(I). See id. § 202.12(c)(3). 
Visual Art Works 
•  Unpublished pictorial or graphic works: Section 1509.3(A)(1). See id. § 
202.20(c)(2)(iv). 
•  Pictorial or graphic works published in a limited edition: Section 1509.3(A)(3). See 
id. 

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•  Pictorial or graphic works reproduced in sheet-like material: Section 1509.3(A)(4). 
See id. § 202.20(c)(2)(x). 
•  Prints, labels, and other advertising matter that is inseparable from a three-
dimensional object: Section 1509.3(A)(9). See id. § 202.20(c)(2)(xi)(A)(2), 
(c)(2)(xi)(B)(2). 
•  Pictorial or graphic works reproduced on three-dimensional containers or holders: 
Section 1509.3(A)(10). See id. § 202.20(c)(2)(xi)(B)(4). 
•  Three-dimensional visual arts works: Section 1509.3(B). See id. § 
202.20(c)(2)(xi)(A)(1). 
•  Two- or three-dimensional holograms. See id. § 202.20(c)(2)(iii). 
•  Architectural works: Section 1509.3(D). See id. § 202.20(c)(2)(xviii). 
•  Pictorial or graphic works fixed or published solely in machine-readable copies 
(other than a CD-ROM) from which the work cannot ordinarily be perceived except 
with the aid of a machine or device. See id. § 202.20(c)(2)(viii)(A). 
•  GATT Visual Arts Works: Section 1509.3(E)(3). See id. § 202.12(c)(3). 
Oversized Deposits 
•  Any work that is more than ninety-six inches in any dimension. See id. § 
202.20(c)(2)(xiii). 
  1507  Acceptable Formats for Registration Deposits 
Depending on the type of work, the applicant may submit deposit copy(ies) in one of 
two formats: 
•  Hard copy (by mail). 
•  Electronic (by upload). 
These formats are discussed in Sections 1507.1 and 1507.2. Instructions for submitting 
deposits in hard copy format are provided in Section 1508.2. Instructions for submitting 
deposits in electronic format are provided in Section 1508.1. 
  1507.1  Hard Copy Format 
Hard copy deposits are copies and phonorecords embodied in a physically tangible 
format. Examples of hard copy deposits include, but are not limited to, the following: 
•  Printed materials 
•  CDs 
•  DVDs 

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•  Fabric 
•  Film  
The deposit requirements for works fixed in hard copy format vary depending on 
whether the work is unpublished or published.  
•  Unpublished works: For unpublished works fixed in hard copy format, the applicant 
should submit one complete hard copy of the work. If the unpublished work is fixed 
in both electronic and hard copy format, the applicant may submit one complete 
copy in an electronic format (provided that the requirements set forth in Section 
1507.2 have been met). 
•  Published works fixed solely in hard copy format: For published works fixed solely in 
hard copy format the applicant should submit complete copy(ies) or 
phonorecord(s) of the work in hard copy format.  
•  Published works fixed in both electronic and hard copy format: If the work was first 
published in both electronic and hard copy formats, the applicant generally must 
submit complete copy(ies) or phonorecord(s) in hard copy format. See 37 C.F.R. § 
202.20(b)(1). 
For a definition of the term “complete,” see Section 1505. For information on the deposit 
requirements for specific types of works that are typically fixed in hard copy format, see 
Sections 1509.1 through 1509.3. 
  1507.2  Electronic Format 
Electronic deposit copy(ies) are copies or phonorecords embodied in electronic format, 
rather than or in addition to a hard copy format. Applicants may submit registration 
deposit copy(ies) in electronic format, provided that (i) the copy(ies) are “complete” as 
defined in Sections 1505.3 and 1505.4, (ii) the copy(ies) are submitted in one of the 
acceptable file formats discussed in Section 1508.1, and (iii) one or more of the 
following conditions has been met: 
•  The work is unpublished.  
•  The work is not subject to the best edition requirements. 
•  The work has been published only in electronic format.  
•  The work has been published and identifying material is permitted or required in 
lieu of a hard copy of the best edition. 
•  The applicant is registering the works using the group registration options for 
unpublished works, serials, newspapers, newsletters, photographs, contributions to 
periodicals, short online literary works, or secure test items. 
•  The applicant is submitting a group of photographs under the pilot program for a 
group of database updates that consist predominantly of photographs. 

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•  The Office agrees to accept electronic copies or phonorecords under a grant of 
special relief. 
For all other classes of works, applicants must submit the deposit in hard copy format 
(even if the application and filing fee are submitted through the electronic registration 
system). The U.S. Copyright Office will offer hard copy deposits to the Library of 
Congress for use in its collections. In addition to submitting a hard copy, the applicant 
may upload an electronic copy to the electronic registration system to ensure that the 
Office retains a copy of the work. When completing the online application, the applicant 
should state that the electronic copy is for archival purposes and that the hard copy will 
be sent separately. This statement should be provided in the Note to Copyright Office 
field. 
  1508  How to Submit a Registration Deposit 
The applicant should submit registration deposit copy(ies) at the same time that the 
application and filing fee are submitted. Depending on the type of application and the 
deposit requirements for the work, the deposit copy(ies) may be submitted 
electronically or in hard copy format. These options are discussed in Sections 1508.1and 
1508.2. For information concerning the difference between an electronic copy and a 
hard copy, see Sections 1507.1 and 1507.2.  
N OT E : To examine a work for copyrightable authorship, the U.S. Copyright Office’s 
Registration Program must be able to view or listen to the deposit material without the 
need to enter a password. Therefore, a deposit copy or phonorecord should not contain 
digital rights management controls or otherwise require a password to unlock the 
copyrighted material, regardless of whether it is uploaded in electronic format or 
submitted in a hard copy (i.e., physically tangible) format. Additionally, deposit copies 
and phonorecords must not contain any built-in limitations on the period of use.  
  1508.1  Electronic Deposit Copy(ies) 
When completing an online application, the applicant may submit deposit copy(ies), 
phonorecords, or identifying material in an electronic format, provided that the work 
satisfies the requirements set forth in Section 1507.2. If the work does not satisfy these 
requirements, the applicant must submit the deposit copy(ies) in a hard copy format.  
If the applicant submits a work that is not eligible for submission in electronic format, a 
member of the Registration Program may communicate with the applicant to request a 
proper deposit. This process will delay the examination of the application and may 
change the effective date of registration. 
The preferred methods for submitting the deposit in electronic format, in order of 
preference, are as follows: 
•  Uploading electronic files to the electronic registration system: When submitting an 
online application, the applicant may upload a digital file to the Office’s server that 
contains a complete copy of the work that is claimed in the application. Guidance on 
how to upload the files is available on the Office’s website.  

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•  Submitting electronic files by mail, by commercial carrier, such as Federal Express or 
United Parcel Service, by courier, or by hand delivery: When submitting an online 
application or a paper application, the applicant may submit a digital file that 
contains a complete copy of the work that is claimed in the application. The files 
should be saved onto a physical storage device, such as a flash drive, CD-ROM, DVD, 
or the like. The storage device may be delivered to the Office by mail, commercial 
carrier, courier, or hand delivery. For guidance on this procedure, see Sections 
1508.3 through 1508.5. 
•  Identifying material: If identifying material is permitted or required for the deposit, 
applicants are encouraged to submit that material in an electronic format. 
Specifically, applicants may upload the identifying material to the Office’s server in 
the format that is most appropriate for the type of authorship that is claimed in the 
application. Alternatively, applicants may download the identifying material onto a 
physical storage device, such as a flash drive, CD-ROM, or DVD, and may deliver that 
device to the Office by mail, commercial carrier, courier, or hand delivery. For 
guidance on this procedure, see Sections 1508.3 through 1508.5. 
N OT E:  When submitting an online application and delivering the deposit by mail, 
commercial carrier, courier, or hand delivery, the applicant must attach a shipping slip 
to each deposit. If the applicant fails to attach a shipping slip to each deposit, the Office 
will be unable to connect the deposit with the application. For information concerning 
this procedure, see Section 1508.2. 
The applicant must submit the electronic deposit copy(ies), phonorecords or identifying 
material in an acceptable file format, regardless of whether they are uploaded through 
the electronic registration system or submitted on a physical storage device. If the 
applicant fails to submit the deposit copy(ies) in an acceptable file format the 
registration specialist will refuse registration. 
A current list of acceptable file formats is posted on the Office’s website. The list 
includes, but is not limited to, the following file formats: 
•  pdf 
•  txt 
•  wpd 
•  doc 
•  tif 
•  svg 
•  jpg 
•  html 
•  wav 
•  mpeg, including mp3 
37 C.F.R. § 202.20(b)(2)(iii)(C).  
The work should be submitted in a form that allows it to be perceived as a complete 
work of authorship. The registration specialist must be able to perceive the entire 
content of the work, including the context where each element appears within the work 

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as a whole. The specialist may communicate with the applicant or may refuse 
registration if the applicant submits separate files or folders containing unassembled 
content or elements that have been disassociated from the context where they originally 
appeared within the work as a whole. 
There is a maximum size restriction for each file that is uploaded to the electronic 
registration system. Specifically, the system will not accept any file that is more than 
500 MB in size. Before uploading a file to the system, the applicant should confirm that 
the file does not exceed this size limit. 
The system also has a 120 minute “time out” feature that automatically terminates the 
upload process if it takes more than two hours to complete. Depending on the 
connection speed of the applicant’s computer, it may be necessary to split the deposit 
into separate files to ensure that the upload can be completed in two hours or less. 
If the applicant intends to upload a large number of files, the Office encourages the 
applicant to submit the deposit in one or more compressed ZIP files. But in all cases, the 
files within the ZIP file must be submitted in an acceptable file format. If the ZIP file 
contains any files that do not appear on the list of acceptable file formats, the 
registration specialist may communicate with the applicant or refuse to register the 
claim. 
Before uploading a ZIP file, the applicant should confirm that the file does not exceed the 
500 MB size limit mentioned above. If the applicant intends to upload a very large file, 
the Office encourages the applicant to compress the deposit or to separate the deposit 
into two or more smaller files. Alternatively, the applicant may upload the deposit 
during two or more upload sessions; information concerning this procedure is available 
on the Office’s website.  
If the applicant is unable to upload the deposit with these options, then as discussed 
above, the applicant may save the deposit copy(ies) onto a physical storage device and 
deliver it to the Office by mail, commercial carrier, courier, or hand delivery, together 
with a shipping slip that connects the deposit with the online application. 
  1508.2  Hard Copy Deposits 
The applicant must submit the deposit copy(ies), phonorecords, or identifying material 
in a hard copy format in the following situations:  
•  The work is not eligible for submission in electronic format because it does not 
satisfy the requirements set forth in Section 1507.2. 
•  The applicant is submitting a paper application rather than an online application. 
Applicants may submit the deposit copy(ies) in a hard copy format by mail, by 
commercial carrier, such as Federal Express or United Parcel Service, by courier, or by 
hand delivery. These delivery options are discussed in Sections 1508.3 through 1508.5. 

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When the applicant submits an online application and filing fee and subsequently 
submits the deposit copy(ies) using one of these methods, the applicant must attach a 
shipping slip to the deposit copy(ies) to ensure that the deposit will be paired with the 
online application. See 37 CFR 202.3(b)(2)(i)(D). To create a shipping slip the applicant 
must click the Create Shipping Slip button at the bottom of the Case Summary screen 
then click the shipping slip link that appears in the field marked Send By Mail. The 
applicant must print one or more copies of the shipping slip, attach a copy to each 
deposit copy, and send all of these items to the Office in a single package.  
The effective date of registration will be determined based on the date that the Office 
receives an acceptable application, the correct filing fee, and the deposit copy(ies) 
together with the corresponding shipping slip. If the shipping slip is not attached to each 
physical deposit, the deposit copy(ies) cannot be connected with the application. In such 
cases, the application and the deposit copy(ies) will not be examined by a member of the 
Registration Program unless the applicant agrees to pay an additional fee to locate the 
deposit copy(ies) and match it with the corresponding application. The amount of this 
fee is set forth in the Office’s fee schedule under the heading “Matching unidentified 
deposit to deposit ticket claim,” and it will be assessed for every half hour required to 
perform this service. If the Office is unable to locate the deposit copy(ies), the applicant 
will be required to resubmit the deposit copy(ies) to the Office with the required 
shipping slip. This process will change the effective date of registration for the claim. See 
Copyright Office Fees, 85 Fed. Reg. 9374, 9382 (Feb. 19, 2020). 
  1508.3  Submitting the Deposit by Mail or by Commercial Carrier 
When completing an online application and submitting a hard copy deposit by mail or 
by commercial carrier, such as Federal Express or United Parcel Service, the applicant 
should send the deposit copy(ies) and the shipping slip(s) in a single package to the 
address specified on the shipping slip. 
When submitting a paper application, the applicant should send the completed 
application, proper filing fee, and the deposit copy(ies) in a single package to the 
address specified in space 9 of the application under the heading marked “Mail To.” 
  1508.4  Submitting the Deposit by Courier 
To submit hard copy deposits by courier, the applicant should place all the required 
materials in a single package (including the appropriate shipping slip(s) when 
submitting an online application). The package should be sent to the Congressional 
Courier Acceptance Site (“CCAS”), which is located at 2nd and D Streets NE, Washington, 
DC. This location is open Monday through Friday from 8:30 a.m. to 4:30 p.m. Eastern 
Time, except for federal holidays. Short term parking for cars and bicycles is available. 
Registration materials submitted through a courier service will not receive a dated 
receipt from the Office but will instead receive one dated by CCAS. The CCAS date of 
receipt is considered the date of receipt in the Office.  
N OT E:  A courier may deliver up to ten items at a time. Packages that are more than four 
inches by fourteen inches by eighteen inches will not be accepted. In such cases, the 
courier will be directed to deliver the package to an offsite mail processing center. 

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1508.5 Submitting the Deposit by Hand

To submit hard copy deposits in person, the applicant should place all the required

materials in a single package (including the appropriate shipping slip(s) when

submitting an online application). The package should be delivered by hand to the U.S.

through Friday, 8:30 a.m. to 5:00 p.m. Eastern Time, except for federal holidays. PIO is

located at the following address:

Public Information Office

U.S. Copyright Office

James Madison Memorial Building, Room LM-401

101 Independence Avenue SE

Washington D.C.

An applicant who delivers registration materials to PIO during regular office hours will

receive a date-stamped receipt that lists the title of no more than one of the works listed

on the application.

N OT E : Visitors to the U.S. Copyright Office must pass through security before entering

the building. Sealed packages or packages that are more than twenty-four inches wide

by fifteen inches high are not permitted.

1508.6 Screening Deposits for Anthrax and Other Contaminants

In October 2001, envelopes contaminated with anthrax arrived in some Congressional

offices. This caused a one-week closure of Capitol Hill buildings, including the James

Madison Memorial Building of the Library of Congress where the U.S. Copyright Office is

located. Since that time, all deliveries that are sent to the Office are screened offsite for

anthrax or other contaminants prior to delivery. This process will delay the delivery of

any deposit that is sent to the Office by mail, commercial carrier, or courier.

1508.6(A) Deposits Damaged During Contaminants Screening

In some cases the screening for anthrax and other contaminants may damage the

deposit. When a deposit is damaged due to this process, a member of the Registration

Program will notify the applicant and request a replacement deposit.

The replacement deposit should be submitted to the address specified in the notification

from the Office, together with a written declaration confirming that the replacement is

identical to the deposit that was previously submitted, including the copyright notice (if

appropriate). If the work is approved for registration, the delay in the examination of

the work will not affect the effective date of registration.

If the applicant fails to submit a replacement deposit within the time specified in

Chapter 600, Section 605.6, the file will be closed.

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  1508.6(B)  How to Avoid Damage to Deposit Copy(ies) 
To avoid damage to the deposit, applicants should package the following items in 
cardboard boxes rather than envelopes for delivery to the Office:  
•  Audiocassettes, videocassettes, CDs, and DVDs. 
•  Microform.  
•  Photographs. 
•  Glossy advertisements, color photocopies, and other print items.  
N OT E : CDs packaged in standard full-sized jewel boxes are more likely to survive the 
screening process than those packaged in slim-line cases.  
In all cases, applicants are encouraged to remove any internal and external plastic 
packaging from the deposit. This type of material may melt during the irradiation 
process, which may damage the deposit.  
  1508.7  Special Handling 
  1508.7(A)  How to Request Special Handling When Submitting an Application 
Special handling is a procedure for expediting the examination and processing of an 
application. The U.S. Copyright Office offers this service in certain circumstances where 
a copyright owner or other interested parties have a compelling reason for the 
expedited issuance of a certificate of registration (e.g., as a prerequisite for bringing a 
copyright infringement suit in federal district court). For information concerning this 
procedure, see Chapter 600, Section 623. 
  1508.7(B)  How to Request Special Handling for a Pending Application 
A request for special handling may be made at any time before the U.S. Copyright Office 
issues a certificate of registration. If an application is currently pending, the applicant 
may ask the Office to process the claim on an expedited basis, provided that the 
applicant pays the special handling fee and provided that there is a compelling reason 
for the request. For information concerning this procedure, see Chapter 600, Section 
623.5(D). 
  1508.8  Special Relief from Registration Deposit Requirements 
This Section discusses the procedure for requesting special relief from the registration 
deposit requirements. For information concerning the procedure for requesting special 
relief from the mandatory deposit requirements, see Section 1511.9.  

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  1508.8(A)  What Is Special Relief? 
The U.S. Copyright Office is authorized to grant special relief from the registration 
deposit requirements in certain circumstances. Specifically, the Office may allow the 
applicant to submit: 
•  One copy or phonorecord, or alternative identifying material (in lieu of submitting 
one or two copy(ies) or phonorecord(s) of the work). 
•  Incomplete copy(ies) or phonorecord(s) or copy(ies) or phonorecord(s) other than 
those normally comprising the best edition. 
•  Actual copy(ies) of the work (in lieu of submitting an electronic copy or identifying 
material). 
•  Identifying material that does not comply with sections 202.4 or 202.21 of the 
Office’s regulations. 
37 C.F.R. § 202.20(d)(1)(i)-(iv). 
  1508.8(B)  How to Request Special Relief 
A request for special relief must be made in writing and must include the specific 
reason(s) why the request should be granted. The request should be addressed to the 
Associate Register of Copyrights and Director of Registration Policy & Practice and 
should be signed by or on behalf of the person who signed the application. 37 C.F.R § 
202.20(d)(3). The Associate Register will consider a request for special relief once the 
Office has received a completed application, the correct filing fee, and the deposit 
copy(ies). 
When completing an online application, the applicant may submit a request for special 
relief in the Note to Copyright Office field. Alternatively, the applicant may submit the 
request along with the deposit copy by using the following procedures:  
•  When submitting the deposit through the electronic registration system, the 
applicant may upload the request and the deposit through the Electronic Deposit 
Upload screen, provided that the work is eligible for submission in an electronic 
format. See Section 1507.2. When using this option, the request should be prepared 
as a separate file and it should be uploaded before the deposit copy.  
•  When submitting the deposit by mail, commercial carrier, courier, or hand delivery, 
the request for special relief may be attached to the shipping slip. 
When completing a paper application, the applicant may submit a request for special 
relief together with the application, the deposit, and the filing fee.  
Once an application has been filed, the applicant may request special relief in response 
to an email or other written communication from a member of the Registration 
Program. Alternatively, the applicant may submit the request by mail to the following 
address: 

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Associate Register of Copyrights and  
Director of Registration Policy & Practice 
U.S. Copyright Office 
P.O. Box 70400 
Washington, DC 20024-0400 
If the request is granted and if the work is approved for registration, a member of the 
Registration Program will add an annotation to the certificate of registration indicating 
that the work was registered under a grant of special relief.  
If the request is denied, a member of the Registration Program will notify the applicant 
in writing. If the relevant deposit requirements have not been met, the staff member 
may ask the applicant to submit a replacement deposit. The replacement deposit should 
be sent to the address specified in the communication from the Office, together with a 
written declaration confirming that the work contained in the replacement is identical 
to the work contained in the initial deposit, including the copyright notice (if any).  
If the work is approved for registration and if the copyrightable content of the 
replacement deposit and the initial deposit is the same, the effective date of registration 
will be determined based on the date that the Office received the initial deposit, the 
completed application, and the correct filing fee. If the copyrightable content is not the 
same, the effective date of registration will be determined based on the date that the 
Office received the replacement deposit, the completed application, and the correct 
filing fee. 
If the applicant is unable to submit an acceptable deposit, the Office may refuse to 
register the claim.  
  1508.8(C)  Ongoing or Continuous Grant of Special Relief 
In certain situations, the Register of Copyrights may grant special relief on an ongoing or 
continuous basis for particular categories of works or for particular circumstances 
encountered by specific applicants. See Part 202—Registration of Claims to Copyright, 
Deposit Requirements 43 Fed. Reg. 41,975, 41,976 (Sept. 19, 1978). 
  1508.8(D)  Termination of Special Relief 
The Register of Copyrights may terminate any ongoing or continuous grant of special 
relief after consulting with other appropriate officials of the Library of Congress. In such 
cases, the Office will issue a written notice of termination that will be sent to the 
individual or organization that received the grant of special relief at the last address 
shown in the Office’s records. A notice may be issued at any time, but the termination 
will not go into effect until thirty days after the date that the notice is mailed. The notice 
will apply to works deposited after the effective date of the termination, but the 
termination does not affect the validity of any deposit or registration previously made 
under the grant of special relief. See 37 C.F.R. § 202.20(d)(4). 

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  1509  Deposit Requirements for Specific Types of Works 
The Register of Copyrights has established specific deposit requirements for certain 
classes of works. See 17 U.S.C. § 408(c)(1) (stating that the Register of Copyrights has 
the authority to “specify by regulation the administrative classes into which works are 
to be placed for the purposes of deposit and registration, and the nature of the copies or 
phonorecords to be deposited in the various classes specified.”). These requirements are 
discussed in Sections 1509.1 through 1509.3 below. For questions concerning works 
that are not addressed in these sections, applicants may contact the Public Information 
Office at (202) 707-5959, Monday through Friday, between the hours of 8:30 a.m. – 5:00 
p.m. Eastern Time. 
  1509.1  Deposit Requirements for Literary Works 
A literary work is a nondramatic work that explains, describes, or narrates a particular 
subject, theme, or idea through the use of narrative, descriptive, or explanatory text, 
rather than dialog or dramatic action. Generally, nondramatic literary works are 
intended to be read; they are not intended to be performed before an audience.  
Examples of nondramatic literary works include the following types of works: 
•  Fiction 
•  Nonfiction 
•  Poetry 
•  Directories 
•  Catalogs 
•  Textbooks 
•  Reference works 
•  Advertising copy 
•  Book jackets 
•  Instructional works 
•  Compilations of information 
•  Computer programs 
•  Videogames 
•  Databases 
•  Serials 
See 37 C.F.R. § 202.3(b)(1)(i).  
To register an unpublished literary work, the applicant generally should submit one 
complete copy or phonorecord of the work. See 37 C.F.R. § 202.20(c)(1)(i). 
To register a literary work that was first published in the United States on or after 
January 1, 1978, the applicant generally should submit two complete copies or 
phonorecords of the best edition of the work. See id. § 202.20(c)(1)(iii). 
As discussed in Section 1504.2, the criteria used to identify the best edition for a literary 
work are listed in the Best Edition Statement, which is set forth in Appendix B to Part 
202 of the Office’s regulations. It is also posted on the Office’s website in Best Edition of 
Published Copyrighted Works for the Collections of the Library of Congress (Circular 7b). 

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To register a literary work published in both electronic and hard copy formats, the 
applicant should submit complete copies of the work in the hard copy format. If the 
work was published solely in electronic format, the applicant may submit digital file(s) 
containing a complete copy of the work, provided that the requirements set forth in 
Section 1507.2 have been met. 
There are exceptions to these rules for certain types of literary works. The deposit 
requirements for these types of works are discussed in Sections 1509.1(A) through 
1509.1(K). The deposit requirements for foreign literary works are discussed in 
Sections 1509.1(L) and 1509.1(M).  
Section 1509.1(N) contains a series of charts that summarize the deposit requirements 
for these types of works. For detailed information on the copyrightability and 
registration of literary works, see Chapter 700. 
  1509.1(A)  Literary Monographs 
A literary monograph is a literary work that is “published in one volume or a finite 
number of volumes.” 37 C.F.R. § 202.19(b)(5). Examples of works that may qualify as a 
monograph include fiction, nonfiction, poetry, short stories, memoirs, textbooks, and 
other types of nondramatic literary works. 
Most monographs are published in a single volume, rather than a series of successive 
issues or parts. Some monographs are published in separate volumes with each bearing 
the same title and successive numerical designations (as in the case of a multi-volume 
encyclopedia). But typically the entire work is published in a limited number of volumes 
that, taken together, constitute the work as a whole. 
To register an unpublished monograph, applicants should submit one complete copy of 
the work. To register a published monograph, applicants generally should submit one 
complete copy of the best edition of the work. See 37 C.F.R. § 202.20(c)(1)(i), 
(c)(2)(i)(L). 
N OT E : Serials and legal publications are not considered monographs for purposes of 
registration. For information concerning the deposit requirements for these types of 
works, see Sections 1509.1(B) and 1509.1(C). 
See Simplifying Deposit Requirements for Certain Literary Works and Musical 
Compositions, 82 Fed. Reg. 38,859, 38,860 (Aug. 16, 2017). 
  1509.1(B)  Serials 
A serial is 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). An “electronic serial” is a serial “published in the United States” that is 
“available only online.” 37 C.F.R. § 202.19(b)(4). 
Examples of works that may qualify as a serial include newspapers, magazines, 
newsletters, journals, and annuals. These types of works are typically published in 
successive issues and they are usually distributed on an established schedule. Each issue 

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is published under the same continuing title, and they generally bear numerical or 
chronological designations that distinguish one issue from the next. 
To register an issue that has not been published, the applicant should submit one 
complete copy of the work. See 37 C.F.R. § 202.20(c)(1)(i). 
If the issue was published in a physical format or published in both a physical and 
electronic format, the applicant should submit two complete copies of the work in the 
physical format. See 37 C.F.R. § 202.20(b)(1).  
If the issue was published solely in electronic format, the applicant should upload one 
complete copy of the work to the electronic registration system. Specifically, the 
applicant should upload one file containing all of the content appearing within that 
issue, and the content should be presented exactly as it appeared “in its published form.” 
37 C.F.R. § 202.20(b)(2)(iii)(B). If the applicant uploads separate files containing the 
cover, table of contents, or other disaggregated content, the registration specialist may 
communicate with the applicant or may refuse registration. 
In some cases it may be possible to register a group of serial issues with one application 
and one filing fee. For information concerning the deposit requirements for this group 
registration option, see Chapter 1100, Section 1107.5. 
See Simplifying Deposit Requirements for Certain Literary Works and Musical 
Compositions, 82 Fed. Reg. 38,859, 38,860 (Aug. 16, 2017). 
  1509.1(C)  Legal Publications 
A legal publication is a work that contains, analyzes, annotates, summarizes, or 
comments upon legislative enactments, judicial decisions, executive orders, 
administrative regulations, or other edicts of government. See Chapter 700, Section 
717.1. These types of works may be literary monographs or serials. 
To register an unpublished legal publication, applicants should submit one complete 
copy of the work. To register a published legal publication, applicants should submit two 
complete copies of the best edition of the work. See 37 C.F.R. § 202.20(c)(1)(i), 
(c)(1)(iii). 
See Simplifying Deposit Requirements for Certain Literary Works and Musical 
Compositions, 82 Fed. Reg. 38,859, 38,860 (Aug. 16, 2017). 
  1509.1(D)  Book Jackets 
To register a claim in the text, artwork, or other copyrightable material that appears 
only on a book jacket, the applicant should submit one complete copy of the jacket. The 
applicant need not submit a copy of the book itself, unless the copyrightable material is 
physically attached to the book (as in the case of an illustration on the cover of a 
paperback). See 37 C.F.R. § 202.20(c)(2)(i)(K) (requiring only one complete copy of 
works reproduced on three-dimensional containers); Part 202—Registration of Claims 
to Copyright, Deposit Requirements, 43 Fed. Reg. 41,975, 41,978 (Sept. 19, 1978) 
(explaining that the exception for containers applies to book jackets). 

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  1509.1(E)  Games 
A game may be registered as a literary work if the predominant form of authorship in 
the work consists of text. Examples of works that may satisfy this requirement include 
word games, card games, party games, riddles, brain teasers, and similar diversions, 
including the instructions or directions for playing a particular game. 
The deposit requirement for a game varies, depending on whether the literary work is 
reproduced in a two-dimensional or three-dimensional object. 
•  To register a two-dimensional game, the applicant should submit one complete copy 
if the game is unpublished. If the game has been published, the applicant should 
submit one complete copy of the best edition. 
•  If the game is reproduced in or on a three-dimensional object, the applicant 
generally should submit identifying material containing all the copyrightable 
authorship claimed in the application, regardless of whether the game is published 
or unpublished. However, if the game consists of multiple parts that are packaged 
and published in a box or similar container that is larger than 12 by 24 by 6 inches, 
the applicant may submit one complete copy of the best edition in lieu of identifying 
material. 
See 37 C.F.R. § 202.20(c)(1)(i) (requiring one complete copy for an unpublished work), 
(c)(2)(i)(J) (requiring one complete copy of works published in the form of two-
dimensional games), (c)(2)(xi)(A)(1) (permitting identifying material for three-
dimensional sculptural works), (c)(2)(xi)(B)(3) (exception to rule requiring identifying 
material for three-dimensional games published in a container of a designated size), 
(c)(2)(i)(G) (one complete copy required for works subject to the exception set forth in 
§ 202.20(c)(2)(xi)(B)); see also Part 202—Registration of Claims to Copyright, Deposit 
Requirements, 43 Fed. Reg. 41,975, 41,976 (Sept. 19, 1978) (explaining that only one 
copy is required for works consisting of multiple parts that include three or more three 
dimensional, physically separable parts, such as board games, models kits, and certain 
kinds of craft kits). 
  1509.1(F)  Computer Programs 
To register a computer program, the applicant should submit “one copy of identifying 
portions” for the specific version of the program that the applicant intends to register. 
See 37 C.F.R. § 202.20(c)(2)(vii).  
Specifically, the applicant should submit an identifying portion of the source code for the 
particular version of the program that the applicant intends to register, regardless of 
whether the program is published or unpublished, and regardless of whether the 
program is fixed in a CD-ROM, semiconductor chip, a magnetic tape or disk, or any other 
storage media. These issues are discussed in Sections 1509.1(F)(1) through 
1509.1(F)(5) below. 
As discussed below, the U.S. Copyright Office considers source code to be the best 
representation of the copyrightable authorship in a computer program. The Office 
generally discourages applicants from submitting object code, because it cannot be 

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examined for copyrightable authorship. That said, the Office will accept a deposit 
containing object code if certain requirements have been met. For information 
concerning this option, see Section 1509.1(F)(4)(b). 
In some cases the applicant may be required to submit additional material depending on 
the following factors: 
•  Whether the program is fixed in a CD-ROM. 
•  Whether the applicant expressly asserted a claim in the screen displays generated 
by the program. 
•  Whether the applicant intends to register the user manual or other documentation 
for the program. 
These topics are discussed in Sections 1509.1(F)(6) through 1509.1(F)(7) below. 
1509.1(F)(1)  Source Code 
The applicant may be required to submit the entire source code for the computer 
program, or the applicant may submit representative portions of the source code. See 37 
C.F.R. § 202.20(c)(2)(vii). The amount of source code that is required varies depending 
on the length of the code, whether the work is a derivative computer program, and 
whether the code contains trade secret material. These issues are discussed in Sections 
1509.1(F)(2) through 1509.1(F)(4) below. 
The source code should be submitted either on paper or in an electronic file in a form 
that is perceptible to the human eye without the aid of a machine or device. See 37 C.F.R. 
§ 202.20(c)(2)(vii). In all cases, applicants should add the title and version number of 
the program to the first page of the code. This helps the Registration Program determine 
whether the version described in the application matches the version shown in the 
identifying material. To help staff determine whether a sufficient amount of code has 
been submitted, applicants may insert page numbers on each page of source code where 
applicable. 
The applicant does not need to provide the total number of lines of source code that 
appear in the program. However, if there are inconsistencies in the identifying material, 
such as missing page numbers or gaps between the line numbers for the source code, a 
member of the Registration Program may communicate with the applicant to determine 
whether the deposit is complete. 
See H.R. REP. NO. 94-1476, at 153 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5769 
(authorizing the Register of Copyrights to “allow or require deposit of print-outs of 
computer programs under certain circumstances”); see also Registration of Claims to 
Copyright Deposit Requirements for Computer Programs Containing Trade Secrets and 
for Computer Screen Displays, 54 Fed. Reg. 13,173, 13,174-75 (Mar. 31, 1989). 

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1509.1(F)(2)  Derivative Computer Programs 
If the computer program contains an appreciable amount of unclaimable material, the 
program should be registered as a derivative work. For purposes of registration, 
unclaimable material includes: 
•  Previously published material,  
•  Previously registered material,  
•  Material that is in the public domain, or  
•  Copyrightable material that is owned by a third party.  
A registration for a derivative computer program covers the new material or revised 
material that the author contributed to that work, but it does not cover any of the 
unclaimable material that may appear in the program. See Chapter 700, Section 721.8.  
To register a claim in a derivative computer program, the applicant should submit a 
portion of the source code for the specific version of the program that the applicant 
intends to register.  
•  If the new material or revised material appears throughout the entire program, the 
applicant should submit a copy of the first and last twenty-five pages of the source 
code for that version.  
•  If the new material or revised material does not appear in the first and last twenty-
five pages of the source code, the applicant should submit any fifty pages of source 
code that contain new or revised material.  
In all cases, the applicant should submit the page of the source code that contains the 
copyright notice (if any) for the specific version that the applicant intends to register. 37 
C.F.R. § 202.20(c)(2)(vii)(A)(1). 
1509.1(F)(3)  Source Code That Does Not Contain Trade Secret Material 
This Section discusses the deposit requirements for submitting source code that does 
not contain trade secret material. 
The applicant should submit a portion of the source code for the specific version that the 
applicant intends to register. Specifically, the applicant should submit one copy of the 
first twenty-five pages and the last twenty-five pages of the source code for that version. 
In addition, the applicant should submit the page of the source code that contains the 
copyright notice (if any) for that version. 37 C.F.R. § 202.20(c)(2)(vii)(A)(1). 
If the source code does not have a precise beginning, middle, or end, the applicant 
should submit fifty pages that represent the specific version that the applicant intends 
to register. 

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If the entire program is fifty pages or less, the applicant should submit the entire source 
code. In addition, the applicant should inform the U.S. Copyright Office that the entire 
code has been submitted. When submitting an online application this information 
should be provided in the Note to Copyright Office file; when submitting a paper 
application on Form TX this information should be provided in a cover letter.  
1509.1(F)(4)  Source Code That Contains Trade Secret Material 
1509.1(F)(4)(a)  Background   
Section 705(a) of the Copyright Act requires the Register of Copyrights to prepare and 
maintain “records of deposits, registrations, recordations, and other actions” taken by 
the U.S. Copyright Office. 17 U.S.C. § 705(a). Section 705(b) states that all deposits 
maintained by the Office in connection with a completed copyright registration, “shall be 
open to public inspection.” Id. § 705(b).  
In the 1980s a concern was expressed that making computer programs available for 
public inspection could jeopardize a copyright owner’s trade secret protection under 
state law. In response to these concerns, the Office established a specific procedure for 
source code that contains trade secret material.  
For purposes of registration, a trade secret includes “any formula, pattern, device or 
compilation of information which is used in one’s business, and which gives him an 
opportunity to obtain an advantage over competitors who do not know or use it.” 
Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470, 474-75 (1974) (quoting the Restatement of 
Torts § 757, comment b (1939)). 
See generally Registration of Claims to Copyright Deposit Requirements for Computer 
Programs Containing Trade Secrets and for Computer Screen Displays, 54 Fed. Reg. 
13,173, 13,173 (Mar. 31, 1989); Registration of Claims to Copyright; Deposit 
Requirements for Computer Programs Containing Trade Secrets, 51 Fed. Reg. 34,667, 
34,667-68 (Sept. 30, 1986); Notice of Inquiry Deposit of Computer Programs and Other 
Works Containing Trade Secrets, 48 Fed. Reg. 22,951, 22,952 (May 23, 1983). 
1509.1(F)(4)(b)  Computer Programs That Contain Trade Secret Material 
If the source code for the computer program contains trade secret material, the 
applicant should submit a portion of the code using one of the following options: 
•  The applicant may submit the first ten pages and last ten pages of source code, 
provided that none of the code is blocked out; 
•  The applicant may submit the first twenty-five pages and last twenty-five pages of 
source code with the portions of the code that contain trade secret material blocked 
out, provided that the blocked out portions are proportionately less than the 
remaining material and provided that the unblocked portions contain an 
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• The applicant may submit the first twenty-five pages and last twenty-five pages of

object code for the program together with ten or more consecutive pages of source

code, provided that none of the source code is blocked out; or

• If the source code for the entire program is less than fifty pages, the applicant may

submit the entire code with the portions of the code that contain trade secret

material blocked out, provided that the blocked out portions are proportionately

less than the remaining material and provided that the unblocked portions contain

an appreciable amount of original authorship.

See 37 C.F.R. § 202.20(c)(2)(vii)(A)(2).

In all cases, the applicant should use the following guidelines in preparing the selection

of source code:

• If the source code does not have a precise beginning, middle, or end, the

applicant may submit an appropriate number of pages (using one of the options

described above).

• The applicant should submit the portion of the source code that contains the

• The applicant should notify the Office that the source code contains trade secret

material. When completing an online application, this information should be

provided in the Note to Copyright Office field. When completing a paper

application on Form TX, this information should be provided in a cover letter.

Section 410(a) directs the Register of Copyrights to examine claims to copyright and to

determine whether the material deposited “constitutes copyrightable subject matter.”

17 U.S.C. § 410(a). The U.S. Copyright Office considers source code to be the best

representation of the copyrightable literary authorship in a computer program for

examining purposes. By contrast, object code cannot be examined for copyrightable

authorship, because it is written in a machine language that is unintelligible to human

beings.

As mentioned above, an applicant may submit the first twenty-five pages and last

twenty-five pages of object code, together with ten or more consecutive pages of source

code. In such cases, the applicant must state in writing that the object code contains

copyrightable authorship, and the applicant must request registration under the Rule of

Doubt. When completing the online application, this statement should be provided in

the Note to Copyright Office field. When completing a paper application, this statement

should be provided in a cover letter. If the object code contains the copyright notice for

the program, the applicant should submit the portion of the code where the notice

appears. The notice should be underlined or highlighted, and the content of that notice

should be decoded and presented in words and numbers that are comprehensible to the

Registration Program.

If the applicant submits a deposit containing object code, the registration specialist will

examine the object code and will determine whether the other formal and legal

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requirements for registration have been satisfied. However, the specialist will not make

any determination concerning the copyrightability of the object code. Instead, the

specialist will accept the applicant’s assertion that the object code contains

copyrightable authorship and will register the program under the Rule of Doubt. This

limitation will be reflected on the certificate of registration and in the online public

record with an annotation, such as: “Regarding deposit: Registration made under Rule of

Doubt.” See 37 C.F.R. § 202.20(c)(2)(vii)(B).

The annotation indicates that the Office did not conduct a complete examination for

copyrightable authorship. Therefore, the certificate may not be entitled to a legal

presumption concerning the validity of the copyright. If there is a legal dispute involving

the program, the courts can evaluate the copyrightability of the object code.

If a court determines that an applicant submitted redacted source code or object code

that does not contain trade secret material, the Office may communicate with the

applicant “to secure the required . . . deposit material or to clarify the information

previously given on the application.” 37 C.F.R. § 201.7(c)(4). If the Office does not

receive a response within thirty days, or if the response does not resolve the substantive

defect, it may cancel the registration for failure to comply with the relevant deposit

requirements. See id.

1509.1(F)(4)(c) Derivative Computer Programs That Contain Trade Secret Material

If the applicant intends to register a derivative computer program that contains trade

secret material and if the new material or revised material appears throughout the

entire program, the applicant should submit a portion of the source code for that

version using one of the following options:

• The applicant may submit the first ten pages and last ten pages of source code,

provided that none of the code is blocked out; or

• The applicant may submit the first twenty-five pages and last twenty-five pages of

source code with the portions of the code that contain trade secret material blocked

out, provided that the blocked out portions are proportionately less than the

remaining material and provided that the unblocked portions contain an

appreciable amount of original computer code.

If the new material or revised material does not appear throughout the entire program

or within the first twenty-five pages and last twenty-five pages of the source code, the

applicant should use one of the following options:

• The applicant may submit twenty pages of code that are representative of the new

or revised material, provided that none of the code is blocked out; or

• The applicant may submit any fifty pages of source code that are representative of

the new or revised material. The portions of the code that contain trade secret

material may be blocked out, provided that the blocked out portions are

proportionately less than the remaining material and provided that the unblocked

portions contain an appreciable amount of original computer code.

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In all cases, the applicant should submit the portion of the source code that contains the 
copyright notice (if any) for the specific version that the applicant intends to register. 
See 37 C.F.R. § 202.20(c)(2)(vii)(A)(2). 
In addition, the applicant should notify the Office that the source code contains trade 
secret material. When completing an online application, this information should be 
provided in the Note to Copyright Office field. When completing a paper application on 
Form TX, this information should be provided in a cover letter.  
1509.1(F)(4)(d)  Appropriate Method for Blocking Out Source Code That Contains  
Trade Secret Material 
As discussed in Sections 1509.1(F)(4)(b) and 1509.1(F)(4)(c), an applicant may block 
out the portions of the source code that contain trade secret material. The applicant 
should not block out any portions of the source code that do not contain trade secret 
material. 
The applicant may block out entire words or phrases in the source code that are trade 
secrets. In the alternative, the applicant may block out entire pages of the code 
containing trade secrets, provided that the applicant leaves a vertical or diagonal strip of 
visible text on each page that is sufficient to show that the page contains copyrightable 
authorship. In all cases, the blocked out portions should be “proportionately less than 
the material remaining, and the deposit [should reveal] an appreciable amount of 
original computer code.” 37 C.F.R. § 202.20(c)(2)(vii)(A)(2). 
The U.S. Copyright Office will not accept blocked out pages that conceal virtually all of 
the copyrightable expression in the work. The unblocked portions of the deposit must 
contain enough computer code to enable the Registration Program to determine 
whether the deposit contains a sufficient amount of copyrightable expression to warrant 
registration under Sections 102(a) and 410 of the Copyright Act. The Office has not 
attempted to quantify the amount of source code that must remain visible, because the 
determination of copyrightable expression can never be based on an arbitrary formula. 
Instead, the regulation requires “[a]n appreciable amount of original computer code,” 
meaning sufficient original computer code to constitute recognizable copyrightable 
expression. Id. Whether a particular deposit meets this standard will be determined on a 
case-by-case basis. In most cases, the presence of copyrightable authorship is readily 
apparent. However, if all of the copyrightable expression has been blocked out and only 
uncopyrightable material remains visible, a member of the Registration Program will 
ask the applicant to submit an acceptable printout of source code and will change the 
effective date of registration to the date that an acceptable deposit is received. If the 
applicant is unable or unwilling to submit a deposit with copyrightable authorship that 
is visible to the Registration Program, registration may be refused, even if the unblocked 
portions represent more than fifty percent of the source code shown in the identifying 
material. See Registration of Claims to Copyright Deposit Requirements for Computer 
Programs Containing Trade Secrets and for Computer Screen Displays, 54 Fed. Reg. 
13,173, 13,174 & n.3, 13,175 (Mar. 31, 1989). 

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1509.1(F)(4)(e)  Special Relief for Computer Programs Containing Trade Secrets 
If the applicant is unable or unwilling to deposit source code using any of the options 
discussed in Sections 1509.1(F)(4)(b) and 1509.1(F)(4)(c), the applicant may ask for 
special relief from the deposit requirements. For information concerning this procedure, 
see Section 1508.8. 
See 37 C.F.R. § 202.20(d)(1)(iv); Registration of Claims to Copyright Deposit 
Requirements for Computer Programs Containing Trade Secrets and for Computer 
Screen Displays, 54 Fed. Reg. 13,173, 13,175 (Mar. 31, 1989). 
1509.1(F)(5)  Computer Programs Fixed in a CD-ROM 
“[A] CD-ROM package, whenever available, is the preferred form of deposit for the 
works embodied therein, both for registration and mandatory deposit.” Registration of 
Claims to Copyright: Deposit of CD-ROM Format, 56 Fed. Reg. 47,402 (Sept. 19, 1991).  
If a computer program has been fixed in a CD-ROM, the applicant must submit “one 
complete copy of the entire CD-ROM package, including a complete copy of any 
accompanying operating software and instructional manual” for the program. 37 C.F.R. § 
202.20(c)(2)(xix)(A). In addition, the applicant should submit a portion of the source 
code for the specific version of the program that the applicant intends to register, using 
the options discussed in Section 1509.1(F)(1) through 1509.1(F)(4).  
CD-ROMs typically contain a copy of the source code for the computer program that has 
been converted or compiled into object code. If the applicant fails to submit identifying 
material a member of the Registration Program will ask the applicant to submit a file or 
printout containing an appropriate portion of the code. Id. § 202.20(c)(2)(xix)(B). The 
requirements for the submission of source code are discussed in Sections 1509.1(F)(1) 
through 1509.1(F)(4) above. 
See generally Registration of Claims to Copyright; Mandatory Deposit of Machine-
Readable Copies, 54 Fed. Reg. 42,295, 42,298 (Oct. 16, 1989) (“The Examining Division 
is required to examine for copyrightable authorship. Machine-readable copies are 
generally unsuitable for this task.”). 
1509.1(F)(6)  Computer Screen Displays 
As a general rule, a computer program and the screen displays generated by that 
program are considered the same work, because in most cases the screen displays are 
created by the program code, together with any internal image library. If the copyright 
in the program and the screen displays are owned by the same claimant, the program 
and any related screen displays may be registered with the same application. See 
Chapter 700, Section 721.10. 
When an applicant expressly asserts a claim in a computer program, the registration 
covers the copyrightable expression in the program code and any copyrightable screen 
displays that may be generated by that code, even if the applicant does not mention 
“screen displays” in the application and does not submit a copy of the screen displays 
with the program code. By contrast, if an applicant states “screen displays” in the 

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application, the registration will not cover the computer program unless the applicant 
also asserts a claim in the “computer program” and submits an appropriate deposit for 
the work. See Registration Decision; Registration and Deposit of Computer Screen 
Displays, 53 Fed. Reg. 21,817, 21,819-20 (June 10, 1988). 
When screen displays are specifically claimed in the application for registration, the 
applicant must submit a representative sampling of those screen displays. When 
registering derivative screen displays, the sampling must contain a sufficient amount of 
new material. For instance, the applicant may submit a visual reproduction of the screen 
displays, such as printouts, photographs, or drawings, provided that the reproductions 
are no smaller than three by three inches and no larger than nine by twelve inches. 37 
C.F.R. § 202.20(c)(2)(vii)(C)(1). Alternatively, the applicant may submit a CD-ROM, 
DVD-ROM, and/or a user manual for the computer program, provided that it contains 
legible reproductions of the screen displays. (In this respect, the Compendium of U.S. 
Copyright Office Practices, Third Edition supersedes the Office’s policy statement 
concerning the registration and deposit of screen displays. See 54 Fed. Reg. 13,173, 
13,177 (Mar. 31, 1989).) 
If the screen displays primarily contain audiovisual material, the applicant should 
submit that material on a ½ inch VHS format videotape or request special relief. 
However, if the screen displays simply demonstrate the functions of the computer 
program, the applicant should submit printouts, photographs, or drawings that meet the 
size requirements discussed above. 37 C.F.R. § 202.20(c)(2)(vii)(C)(2).  
N OT E : If the applicant is unable to submit identifying material using any of these 
options, the applicant may ask for special relief from the deposit requirements. For 
information concerning this procedure, see Section 1508.8. In the alternative, the 
applicant may submit two complete copies of the work as published. 
1509.1(F)(7)  User Manuals and Other Documentation for a Computer Program 
User manuals, instructional booklets, flowcharts, and other documentation that explain 
the development or operation of a computer program may be registered with the U.S. 
Copyright Office, provided that they contain a sufficient amount of original 
copyrightable authorship. See Chapter 700, Section 721.11. 
If the claimant owns the copyright in the program and the user manual or other 
documentation for that program, and if the claimant physically packaged these items 
together and distributed them to the public as a single, integrated unit (such as a shrink-
wrapped box containing a disk and booklet), it may be possible to register them 
together with one application and one filing fee. Specifically, the applicant may be able 
to register the works with the unit of publication option. See 37 C.F.R. § 202.3(b)(4). By 
contrast, if the program and the documentation are distributed online, if they are 
distributed separately from each other, or if they are owned by different claimants, each 
element is considered a separate work and a separate application for each element is 
required. 
To register a computer program and the documentation for that program as a unit of 
publication, the applicant should submit one complete copy of the unit, together with 

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identifying portions of the program code. (The deposit requirements for computer 
programs are discussed in Sections 1509.1(F)(1) through 1509.1(F)(5) above.) 
To register a user manual or other documentation without asserting a claim in the 
computer program, the applicant should submit two complete copies of the user manual 
or other documentation (if the work has been published) or one complete copy of the 
user manual or other documentation (if the work is unpublished). 
For more information concerning the unit of publication option, see Chapter 1100, § 
1107. 
  1509.1(G)  Databases 
This Section discusses the deposit requirements for registering a specific version of a 
single-file or multi-file database.  
N OT E : When a specific version of a database has been infringed, the copyright owner 
may be eligible to claim statutory damages if that version was registered with the U.S. 
Copyright Office before the infringement began or within three months after that 
version was first published. See 17 U.S.C. § 412. A registration for a specific version of a 
database does not cover previously published versions of that database. Likewise, it 
does not cover any subsequent updates or revisions that may be made to the database, 
regardless of whether the database is published or unpublished. However, the Office has 
established a special procedure that allows applicants to register a database together 
with the subsequent updates or revisions that were made to that database within a 
period of three months or less. The deposit requirements for this group registration 
option are discussed in Chapter 1100, Section 1112.7. 
1509.1(G)(1)  Databases Fixed in CD-ROMs 
If the database has been fixed in a CD-ROM, the applicant must submit “one complete 
copy of the entire CD-ROM package.” See 37 C.F.R. § 202.20(c)(2)(xix)(A). If a member of 
the Registration Program is unable to view the CD-ROM using the equipment available 
in the U.S. Copyright Office, he or she will communicate with the applicant. See id. § 
202.20(c)(2)(xix)(B). 
In all other cases, the applicant should submit identifying portions of the database, as 
discussed in Sections 1509.1(G)(2) and 1509.1(G)(3) below. 
1509.1(G)(2)  Databases That Do Not Consist Predominantly of Photographs 
This Section discusses the deposit requirements for a database that does not consist 
predominantly of photographs. 
The applicant should submit identifying portions for the specific version of the database 
that the applicant intends to register, regardless of whether the database is published or 
unpublished. The identifying portions should be submitted on paper or in microfilm and 
should be visually perceptible without the aid of a machine or device. See 37 C.F.R. § 
202.20(c)(2)(vii)(D).  

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The amount of material that is required varies depending on whether the applicant 
intends to register a revised database, and whether the database contains a single data 
file or multiple separate and distinct data files. For purposes of registration, a data file is 
a group of records pertaining to a common subject matter, regardless of the size or the 
amount of data within the records. Id. § 202.20(c)(2)(vii)(D)(2). 
•  If the database contains a single data file, the applicant should submit the first 
twenty-five pages and last twenty-five pages or equivalent units of the database. In 
addition, the applicant should submit a statement confirming that the work is a 
single-file database that does not require a descriptive statement. 
•  If the applicant intends to register a database that contains multiple separate or 
distinct data files, the applicant should submit fifty complete data records from each 
data file or the entire data file, whichever is less. In addition, the applicant should 
submit a descriptive statement that contains the information set forth in Chapter 
1100, Section 1112.7(C), and that clearly identifies the creative authorship involved 
in selecting, coordinating, and/or arranging the content of the database. 
•  If the applicant intends to register a revised version of a database that contains a 
single data file, the applicant should submit fifty representative pages or data 
records that were added to or modified in that version. In addition, the applicant 
should submit a statement confirming that the work is a single-file database that 
does not require a descriptive statement.  
•  If the applicant intends to register a revised version of a database that contains 
multiple separate or distinct data files, the applicant should submit fifty 
representative pages or data records that were added to or modified in that version. 
In addition, the applicant should submit a descriptive statement that contains the 
information set forth in Chapter 1100, Section 1112.7(C), and that clearly identifies 
the new authorship involved in selecting, coordinating, and/or arranging the 
content of the revised database. 
See id. § 202.20(c)(2)(vii)(D)(1), (3), (4), (5).  
If the database contains a copyright notice, the applicant should provide the following 
information: 
•  If the notice is in a machine-readable format, the applicant should provide the exact 
content of the notice and indicate the manner and frequency with which it is 
displayed (e.g., at a terminal when a user signs on, continuously on the terminal 
display, on printouts from the database, etc.). 
•  If the notice appears on copies of the database or on magnetic tape reels or the 
containers for those reels, the applicant should submit a photocopy or other sample 
of the notice. 
Id. § 202.20(c)(2)(vii)(D)(6)-(7). 

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1509.1(G)(3)  Databases That Predominantly Consist of Photographs 
This Section discusses the deposit requirements for a database that consists 
predominantly of photographs.  
In all cases, the applicant must submit a copy of each photograph that is included in the 
claim. 37 C.F.R. § 202.20(c)(2)(vii)(D)(8). The applicant may submit the photographs in 
a hard copy format using one of the formats described in Chapter 1100, Section 1114.4. 
In the alternative, the applicant may upload the photographs in an electronic format, 
provided that the applicant obtains permission to use the electronic registration system 
from the Visual Arts Division, and submits the online application and the deposit copies 
after consulting with, and under the supervision of, that Division.  
In addition, the applicant must submit identifying portions of the database using one of 
the methods described in Section 1509.1(G)(2). The identifying material must be 
sufficient to show the authorship involved in selecting, coordinating, and/or arranging 
the photographs that appear within the database. If the compilation authorship is not 
perceptible in the deposit, or if the compilation authorship shown in the deposit is not 
sufficiently creative, the registration specialist will refuse to register the claim, 
irrespective of the creativity in the individual photographs. 
N OT E : In some cases, the Visual Arts Division may ask the applicant to submit additional 
deposit material, particularly when the claim is submitted using the electronic 
registration system. For specific guidance, applicants should contact the Visual Arts 
Division at (202) 707-8202. 
See generally Deposit Requirements for Registration of Automated Databases That 
Predominantly Consist of Photographs, 76 Fed. Reg. 5106 (Jan. 28, 2011); Registration 
of Claims to Copyright, 76 Fed. Reg. 4072 (Jan. 24, 2011). 
  1509.1(H)  Literary Works Fixed in a CD-ROM 
To register a literary work that is fixed in a CD-ROM, the applicant generally should 
submit one complete copy of the entire CD-ROM package, “including a complete copy of 
any accompanying operating software and instructional manual . . . .” 37 C.F.R. § 
202.20(c)(2)(xix)(A). If the work is fixed in print as well as in the CD-ROM, the applicant 
also should submit a printed version of the work that is embodied in the CD-ROM. Id. 
A complete copy of a published CD-ROM package includes all 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.” Id.  
Examples: 
•  A user manual. 
•  Installation instructions. 
•  Packaging that contains descriptive or instructional material. 

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If the CD-ROM is not the primary component of the published literary work, the 
applicant should submit two copies of the work as published. 
Example: 
•  The applicant intends to register a workbook that contains text and 
illustrations together with a CD-ROM that is attached to the back 
cover. The CD-ROM is published with the workbook and it contains 
tests and other ancillary material. Because the workbook is the 
primary component of the published literary work, the applicant 
should submit two complete copies of the entire workbook package 
(including the CD-ROM). 
If a member of the Registration Program is unable to view the CD-ROM using standard 
Office equipment, the Office may accept identifying material or alternative deposit 
materials under a grant of special relief (in addition to the complete CD-ROM package). 
See id. § 202.20(c)(2)(xix)(B). For information concerning this procedure, see Section 
1508.8.  
  1509.1(I)  Instructional Works 
Instructional works include cookbooks, user guides or instructional manuals for a 
computer program, instructions for using a machine, appliance, or other device, and 
similar types of works. To register a published instructional work, the applicant 
generally should submit two copies or phonorecords of the best edition of the work. 
By contrast, only one copy or phonorecord is required to register instructions for 
needlework or a craft kit, regardless of whether the work is published or unpublished. 
37 C.F.R. § 202.20(c)(2)(i)(J). 
  1509.1(J)  Tests and Answer Material for Tests 
To register a test or answer material for a test that was published in another literary 
work, the applicant should submit two complete copies of that literary work.  
If the test or answer material for a test is unpublished or if it was not published with 
another literary work, the applicant should submit one complete copy of the test and/or 
answer sheets that the applicant intends to register. 37 C.F.R. § 202.20(c)(2)(vi). 
For a discussion of the deposit requirements for secure tests and secure test items, see 
Copyright Registration for Secure Tests and Test Items (Circular 64). 
  1509.1(K)  Deposit Requirements for Group Registration Options 
The Office offers group registration options for unpublished works, serials, newspapers, 
newsletters, contributions to periodicals, short online literary works, updates and 
revisions to a database, and test items prepared for use in a secure test. The deposit 
requirements for these options are discussed in the following sections:  
•  Unpublished works: Chapter 1100, Section 1106. 

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•  Serials: Chapter 1100, Section 1107. 
•  Newspapers: Chapter 1100, Section 1108. 
•  Newsletters: Chapter 1100, Section 1109. 
•  Contributions to Periodicals: Chapter 1100, Section 1110. 
•  Short online literary works: Chapter 1100, Section 1111. 
•  Database Updates and Revisions: Chapter 1100, Section 1112. 
  1509.1(L)  Foreign Literary Works 
To register an unpublished literary work that was created by a citizen or national of a 
foreign country, the applicant should submit one complete copy or phonorecord that 
contains all the authorship claimed on the application. 
To register a literary work that was published solely in a foreign country, the applicant 
should submit one complete copy or phonorecord of the work as first published in that 
country. See 37 C.F.R. § 202.20(c)(1)(iv). 
If the work was first published in a foreign country and then subsequently published in 
the United States, the applicant may submit one complete copy or phonorecord of the 
work as first published in the foreign country. Alternatively, the applicant may submit 
one complete copy or phonorecord of the best edition that was published in the United 
States, provided that the content of the U.S. edition is identical to the content of the 
foreign edition. See id.  
  1509.1(M)  GATT Literary Works 
The General Agreement on Tariffs and Trade (“GATT”) is an international trade 
agreement. To register a published literary work that was restored to copyright 
protection in the United States under GATT, the applicant may submit deposit copy(ies) 
in the following formats listed in descending order of preference: 
1.  The work as first published. 
2.  A reprint or rerelease of the work as first published. 
3.  A photocopy or identical reproduction of the work as first published. 
4.  A revised version which includes a substantial amount of the copyrightable content 
of the restored work with an indication in writing of the percentage of the restored 
work appearing in the revision. 
See 37 C.F.R. § 202.12(c)(3)(i). For general information concerning GATT registrations, 
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1509.1(N) Deposit Requirements for Literary Works: At a Glance

The following charts provide a brief summary of the deposit requirements for

registering various types of literary works. For a detailed discussion of these

requirements, see Sections 1509.1(A) through 1509.1(M) above.

If the applicant is unable to submit a deposit that satisfies these requirements, the

applicant may ask for special relief. For information concerning this procedure, see

Section 1508.8.

General Requirements

Nature of the Work

Published

Unpublished

Unpublished works

n/a

One complete copy representing the

entire copyrightable content

Works first published in the

United States before 1/1/78

Two complete copies of the

work as first published

n/a

Works first published in the

United States between

1/1/78 and 3/1/89 that are

not listed below

Two complete copies of the

best edition of the work

(including the copyright

notice for the first

published edition)

n/a

Works first published in the

United States after 3/1/89

that are not listed below

Two complete copies of the

best edition of the work

n/a

Works that are not listed

below that are published

solely in a foreign country

One complete copy of the

work as first published in

the foreign country

n/a

Works that are not listed

below that are first

published in a foreign

country and subsequently

published in the United

States

One complete copy of the

work as first published in

the foreign country, or one

complete copy of the best

edition published in the

United States if the content

of the U.S. and foreign

editions is identical

n/a

Literary works published

solely in hard copy format

that are not listed below

Two complete copies of the

best edition of the work in

hard copy format

n/a

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Nature of the Work

Published

Unpublished

Literary works published in

hard copy and electronic

format that are not listed

below

Two complete copies of the

best edition of the work in

hard copy format

n/a

Literary works published

solely in electronic format

that are not listed below

See Section 1507.2

n/a

Monographs, Serials, Contributions to Collective Works, and Legal Publications

Nature of the Work

Published

Unpublished

Literary Monographs

One complete copy of the best

edition of the work

One complete copy

representing the entire

copyrightable content

Serials

Two complete copies of the best

edition of the serial

One complete copy

representing the entire

copyrightable content

Contributions to collective

works other than newspapers

One complete copy of the best

edition of the collective work, or

a photocopy or other

reproduction of the contribution

as it was published in the

collective work

One complete copy

representing the entire

copyrightable content

Contributions to newspapers

One complete section containing

the contribution or a cut out of

the contribution from the

newspaper

One complete copy

representing the entire

copyrightable content

Legal Publications

Two complete copies of the best

edition of the work

One complete copy

representing the entire

copyrightable content

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Computer Programs

Nature of the Work

Published

Unpublished

Computer programs

Submit the first and last

twenty-five pages (or

equivalent units) of the source

code. Additionally, a page or

the equivalent unit that

contains the notice (if any)

Submit the first and last

twenty-five pages (or

equivalent units) of the source

code. Additionally, a page or

the equivalent unit that

contains the notice (if any)

Derivative computer programs

If revisions occur throughout

the program, submit the first

and last twenty-five pages of

the source code. If revisions do

not appear in the first or last

twenty-five pages, submit fifty

pages of source code

containing revised material. In

both cases, submit the page of

the source code that contains

the notice (if any).

If revisions occur throughout

the program, submit the first

and last twenty-five pages of

the source code. If revisions do

not appear in the first or last

twenty-five pages, submit fifty

pages of source code

containing revised material. In

both cases, submit the page of

the source code that contains

the notice (if any).

Computer programs that contain

trade secrets

See Section 1509.1(F)(4)

Computer programs fixed in CD-

ROM format

One complete copy of the CD-

ROM package and identifying

portions of the source code for

the program

One complete copy of the CD-

ROM package and identifying

portions of the source code for

the program

Computer screen displays

See Section 1509.1(F)(6)

User manuals and other

documentation for a computer

program

See Section 1509.1(F)(7)

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Databases

Nature of the Work

Published

Unpublished

Databases fixed in CD-ROM

One complete copy of the CD-

ROM package

One complete copy of the CD-

ROM package

Single-file databases

One copy of the first and last

twenty-five pages or equivalent

units of the database, together

with a copy of the notice (if any)

and a statement confirming that

the work is a single-file database

that does not require a

descriptive statement

One copy of the first and last

twenty-five pages or

equivalent units of the

database, together with a copy

of the notice (if any) and a

statement confirming that the

work is a single-file database

that does not require a

descriptive statement

Multi-file databases

Fifty complete data records

from each data file or the entire

data file (whichever is less),

together with a copy of the

notice (if any), and a descriptive

statement that contains the

information set forth in Chapter

1100, Section 1112.7(C), and

that clearly identifies the

creative authorship in the

selection, coordination, and/or

arrangement of the database

Fifty complete data records

from each data file or the

entire data file (whichever is

less), together with a copy of

the notice (if any), and a

descriptive statement that

contains the information set

forth in Chapter 1100, Section

1112.7(C), and that clearly

identifies the creative

authorship in the selection,

coordination, and/or

arrangement of the database

Revised single file databases

Fifty representative pages or

data records that were added to

or modified in the specific

version of the database that the

applicant intends to register,

together with a copy of the

notice (if any) and a statement

confirming that the work is a

single-file database that does

not require a descriptive

statement

Fifty representative pages or

data records that were added

to or modified in the specific

version of the database that

the applicant intends to

of the notice (if any) and a

statement confirming that the

work is a single-file database

that does not require a

descriptive statement

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Nature of the Work

Published

Unpublished

Revised multi-file databases

Fifty representative pages or

data records that were added to

or modified in the specific

version of the database that the

applicant intends to register,

together with a copy of the

notice (if any), and a descriptive

statement that contains the

information set forth in Chapter

1100, Section 1112.7(C), and

that clearly identifies the new

authorship in the selection,

coordination, and/or

arrangement of the revised

database

Fifty representative pages or

data records that were added

to or modified in the specific

version of the database that

the applicant intends to

of the notice (if any), and a

descriptive statement that

contains the information set

forth in Chapter 1100, Section

1112.7(C), and that clearly

identifies the new authorship

in the selection, coordination,

and/or arrangement of the

revised database

Databases consisting

predominantly of photographs

See Section 1509.1(G)(3)

Instructional Works and Tests

Nature of the Work

Published

Unpublished

Instructional works, such as

cookbooks and user

manuals that are not listed

below

Two complete copies of the

best edition of the work

One complete copy representing the

entire copyrightable content

Instructions for needlework

or craft kits

One complete copy of the

best edition of the work

One complete copy representing the

entire copyrightable content

Tests and answer material

for tests

See Section 1509.1(J)

One complete copy representing the

entire copyrightable content

Secure tests

See Copyright Registration

for Secure Tests and Test

Items (Circular 64)

See Copyright Registration for Secure

Tests and Test Items (Circular 64)

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Other Types of Literary Works

Nature of the Work

Published

Unpublished

Book jackets

One complete copy of the best

edition of the jacket

One complete copy

representing the entire

copyrightable content

Lectures, sermons, speeches,

and addresses

When published individually,

one complete copy of the best

edition of the work

One complete copy

representing the entire

copyrightable content

Literary works fixed on

phonorecords

One complete phonorecord

containing the best edition of

the work

One complete phonorecord

representing the entire

copyrightable content

Two-dimensional games

One complete copy of the best

edition of the game

One complete copy

representing the entire

copyrightable content

Games reproduced in three-

dimensional objects

Identifying material

representing the entire

copyrightable content (unless

the game consists of multiple

parts that are packaged and

published in container larger

than twelve by twenty-four by

six inches, in which case the

applicant may submit one

complete copy of the best

edition in lieu of identifying

material)

Identifying material

representing the entire

copyrightable content

Literary works fixed in a CD-

ROM

See Section 1509.1(H)

Multimedia kits

One complete copy of the best

edition of the kit

One complete copy

representing the entire

copyrightable content

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Group Registration Options

Nature of the Works

Published

Unpublished

Group registration of

unpublished works

n/a

See Chapter 1100, Section

1106.4

Group registration of serials

See Chapter 1100, Section

1107.5

n/a

Group registration of

newspapers

See Chapter 1100, Section

1108.5

n/a

Group registration of

newsletters

See Chapter 1100, Section

1109.5

n/a

Group registration of

contributions to periodicals

See Chapter 1100, Section

1110.5

n/a

Group registration of short

online literary works

See Chapter 1100, Section

1111.6

n/a

Group registration of database

updates or revisions

See Chapter 1100, Section

1112.7

See Chapter 1100, Section

1112.7

1509.2 Deposit Requirements for Works of the Performing Arts

The U.S. Copyright Office uses the term “work of the performing arts” to refer

collectively to the following works of authorship:

• Musical Works, including any accompanying words.

• Sound Recordings.

• Dramatic Works, including any accompanying music.

• Choreographic works.

• Pantomimes.

• Audiovisual Works.

• Motion Pictures.

The Copyright Act does not define the term “work of the performing arts,” nor does it

provide definitions for the majority of the works listed above. As a general matter, a

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work that was created to be performed “directly before an audience or indirectly by 
means of a device or process” is a work of the performing arts. 37 C.F.R. § 
202.3(b)(1)(ii). 
To register a work that was first published in the United States on or after January 1, 
1978, the applicant generally should submit two complete copy(ies) or phonorecord(s) 
of the best edition of that work. See id. § 202.20(c)(1)(iii). 
As discussed in Section 1504.2, the criteria used to identify the best edition of a work 
are listed in the Best Edition Statement, which is set forth in Appendix B to Part 202 of 
the Office’s regulations. It is also posted on the Office’s website in Best Edition of 
Published Copyrighted Works for the Collections of the Library of Congress (Circular 7b). 
To register a work published in both electronic and hard copy formats, the applicant 
should submit one or two complete copy(ies) or phonorecord(s) of the work in the hard 
copy format. If the work was published solely in electronic format, the applicant may 
submit digital file(s) containing one or two complete copy(ies) or phonorecord(s) of the 
work, provided that the requirements set forth in Section 1507.2 have been met.  
There are exceptions to these rules for certain types of performing art works. The 
deposit requirements for these types of works are discussed in Sections 1509.2(A) 
through 1509.2(F). The deposit requirements for performing arts works published in a 
foreign country are discussed in Sections 1509.2(H) and 1509.2(I).  
Section 1509.2(J) contains a series of charts that summarize the deposit requirements for 
these types of works. For detailed information on the copyrightability and registration of 
works of the performing arts, see Chapter 800. 
  1509.2(A)  Musical Works 
This Section discusses the deposit requirement for musical works. This requirement 
varies depending on whether the work is published or unpublished, and whether it was 
published in copies or phonorecords. 
Phonorecords are “material objects” in which sounds have been fixed “and from which 
the sounds can be perceived, reproduced, or otherwise communicated, either directly or 
with the aid of a machine or device.” 17 U.S.C. § 101. Examples of physical phonorecords 
include compact discs, LPs, and cassette tapes. Examples of electronic phonorecords 
include digital audio files (such as .mp3 or .wav) stored on a computer, a flash drive, or 
other electronic device. 
Copies are “material objects” (other than phonorecords) in which the work has been 
fixed “and from which the work can be perceived, reproduced, or otherwise 
communicated, either directly or with the aid of a machine or device.” Id. Examples of 
physical copies include printed formats (such as sheet music, a score, or a manuscript), 
as well as audiovisual formats (such as the soundtrack for a motion picture). Examples 
of electronic copies include digital files (such as .PDF, .DOC, .avi, or .mpeg) stored on a 
computer, a flash drive, or other electronic device. 

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N OT E : In some cases it may be possible to register a group of musical works with one 
application and one filing fee if the works are unpublished. For information concerning 
the deposit requirements for this group registration option, see Chapter 1100, Section 
1106.4. 
1509.2(A)(1)  Unpublished Musical Works 
To register an unpublished musical work, the applicant should submit one complete 
copy or phonorecord of the work that contains all the authorship claimed on the 
application. This requirement may be satisfied by uploading an electronic file to the 
electronic registration system, provided that it is submitted in one of the acceptable file 
formats listed in Section 1508.1.  
1509.2(A)(2)  Published Musical Works 
The deposit requirement for published musical works varies depending on whether the 
work was first published in the United States or in a foreign country. It also varies 
depending on whether the work was published in copies, phonorecords, both copies and 
phonorecords, or solely in a motion picture. These requirements are discussed below in 
Sections 1509.2(A)(2)(a) through 1509.2(A)(2)(d). 
1509.2(A)(2)(a)  Musical Works Published in the United States in Phonorecords 
If the musical work was published in the United States solely on phonorecords, the 
applicant should submit one complete phonorecord containing the published work. 37 
C.F.R. § 202.20(c)(2)(i)(H). 
Ordinarily, copyright owners are required to submit the “best edition” of a published 
works. 17 U.S.C. § 408(b). The “best edition” is the edition published in the United States 
(at any time before the deposit is received in the U.S. Copyright Office) that the Library 
of Congress determines to be most suitable for its purposes. 17 U.S.C. § 101.  
In the case of musical works, the Office has set forth best edition requirements only for 
works published in print formats, such as sheet music. Musical works published solely 
on phonorecords or as part of a motion picture are not subject to the best edition 
requirement. See 37 C.F.R. Part 202, Appendix B, ¶ VI; see also 37 C.F.R. §§ 202.20(b)(1) 
(stating that “[t]he best edition of a work has the meaning set forth in § 202.19(b)(1)” 
and 202.19(b)(1)(i) (stating that “The ‘best edition’ requirement is described in detail at 
Appendix B” to part 37 of the regulations). 
For information concerning the deposit requirement for musical works that have been 
published solely in print formats or published both in print format and on 
phonorecords, see Section 1509.2(A)(2)(b). For information concerning musical works 
that have been published solely in a motion picture, see Section 1509.2(A)(2)(d). 
1509.2(A)(2)(b)  Musical Works Published in the United States in Printed Copies 
If the musical work was published in the United States solely in printed copies, the 
applicant should submit one complete copy of the best edition of that work. 

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Likewise, if the work was published both in printed copies and phonorecords that were 
distributed in the United States, the applicant should submit one complete copy of the 
best edition of that work. In other words, if the work was published on physical and 
electronic phonorecords (such as a compact disc and/or a digital audio file), and in 
physical or electronic copies (such as sheet music and/or PDF files), the applicant 
should submit one complete copy of the best edition of the printed work, rather than 
submitting a phonorecord. 
When a musical work has been published in both copies and phonorecords, the Office 
considers the copies to be the best representation of the work. Visually perceptible 
formats typically contain a clear and precise representation of the music and lyrics that 
constitute the work. When a preexisting musical composition is published in a 
phonorecord, the sound recording is a separate work that recasts, transforms, or adapts 
the music and lyrics embodied in that recording. See 17 U.S.C. § 101 (definition of 
“derivative work”). And in cases where the music and sound recording are created 
simultaneously, it may be difficult to identify the author or co-authors of the music and 
sound recording or the respective owners or co-owners of each work.  
To be clear, when a musical work is published solely in a phonorecord, the phonorecord 
constitutes the only representation of the work. In such cases, the applicant should 
submit the phonorecord, as discussed in Section 1509.2(A)(2)(a). There is no need to 
transcribe or notate the work in a visually perceptible form. See Simplifying Deposit 
Requirements for Certain Literary Works and Musical Compositions, 82 Fed. Reg. 
38,859, 38,862 (Aug. 16, 2017); Deposit Requirements: Proposed Rulemaking, 42 Fed. 
Reg. 59,302, 59,304 (Nov. 16, 1977). 
The Copyright Act defines the “best edition” as “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.” 17 U.S.C. § 101 (emphasis added). In other words, this 
definition only applies to editions of a work that exist at the time that the deposit is 
submitted to the U.S. Copyright Office. If the applicant submits a musical work on a 
phonorecord, and if the same work is published in a printed copy sometime thereafter, 
there is no need to resubmit the work in its visually perceptible form. See 42 Fed. Reg. at 
59,304. 
The criteria used to determine the best edition for a copy of a musical work are listed in 
section VI of the “Best Edition Statement,” which is set forth in Appendix B to Part 202 of 
the Office’s regulations. The Best Edition Statement is also posted on the Office’s website 
in Best Edition of Published Copyrighted Works for the Collections of the Library of 
Congress (Circular 7b).  
Specifically, if the musical work was published in a printed edition, the applicant should 
submit one complete copy of the work as published in that edition. If the work was 
published in multiple printed editions, the applicant should review the Best Edition 
Statement and should submit the edition that is listed highest on the list. 
N OT E:  There are two additional considerations for works published in the following 
formats:  

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•  If the work was published as a full score and parts, the full score is considered 
the complete copy. Id. § 202.20(b)(2)(vi)(A). If it was published as a conductor’s 
score and parts, the conductor’s score is considered the complete copy. Id. § 
202.20(b)(2)(vi)(B). 
•  If the musical work was published as a contribution to a collective work (such as 
a hymn published in a hymnal), the applicant may submit one complete copy of 
the collective work, or a photocopy of the work as it was published in the 
collective work. 37 C.F.R. § 202.20(b)(2)(iv), (c)(2)(xv). 
1509.2(A)(2)(c)  Musical Works First Published in a Foreign Country 
If the musical work was first published in a foreign country, and if the work was 
published in only one format, the applicant should submit one complete copy or 
phonorecord of the work as published in that format.  
If the musical work was first published in a foreign country, and if the work was 
published in more than one format, the applicant should submit one complete copy or 
phonorecord of the first published edition. See 37 C.F.R. § 202.20(c)(1)(iv). 
If the musical work was first published in a foreign country, and then subsequently 
published in the United States, the applicant may submit one complete copy or 
phonorecord of the edition that was first published in the foreign country. Alternatively, 
the applicant may submit one complete phonorecord or one complete copy of the “best 
edition” that was published in the United States, provided that the content of the U.S. 
edition is identical to the content of the foreign edition. See id. For information 
concerning the best edition requirement for printed copies of a musical work, see 
Section 1509.2(A)(2)(b). 
1509.2(A)(2)(d)  Musical Works Published Solely in Motion Pictures 
If the musical work was published in the United States or a foreign country solely in a 
motion picture, the applicant may submit identifying material instead of submitting a 
copy of the actual motion picture. Specifically, the applicant may submit the following: 
•  A transcription of the entire musical work; or  
•  A reproduction of the entire musical work on a phonorecord, and photographs or 
other reproductions from the motion picture showing the title of the motion picture, 
the credits for the soundtrack, and the copyright notice for the soundtrack (if any).  
See 37 C.F.R. §§ 202.20(c)(2)(i)(I), 202.20(c)(2)(xii), 202.21(f). 
  1509.2(B)  Sound Recordings 
This Section discusses the deposit requirement for sound recordings. As discussed 
below, this requirement varies depending on whether the work is published or 
unpublished. 

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N OT E : In some cases it may be possible to register a group of sound recordings with one 
application and one filing fee if the works are unpublished. For information concerning 
the deposit requirements for this group registration option, see Chapter 1100, Section 
1106.4. 
1509.2(B)(1)  Unpublished Sound Recordings 
To register an unpublished sound recording, the applicant should submit one complete 
phonorecord of the work that contains all of the authorship claimed on the application. 
1509.2(B)(2)  Published Sound Recordings 
To register a sound recording published in the United States, the applicant should 
submit two complete phonorecords containing the best edition of the work. The criteria 
used to determine the best edition for a sound recording are listed in section V of the 
“Best Edition Statement,” which is set forth in Appendix B to Part 202 of the Office’s 
regulations. The Best Edition Statement is also posted on the Office’s website in Best 
Edition of Published Copyrighted Works for the Collections of the Library of Congress 
(Circular 7b).  
The deposit for a claim in a sound recording is considered complete when it “includes 
the phonorecord, together with any printed or other visually perceptible material” that 
was published with the sound recording, such as cover art, liner notes, or the sound 
recording container. 37 C.F.R. §§ 202.19(b)(2); 202.20(b)(2)(v). For example, the Office 
will not accept a CD in a plain jewel case as the deposit copy for a claim in a published 
sound recording if the sound recording was marketed with cover art and liner notes. 
1509.2(B)(3)  Sound Recordings Published in Electronic Format  
To register a sound recording published in the United States in both electronic and hard 
copy formats, the applicant should submit two complete phonorecords containing the 
best edition of the work in the hard copy format. If the sound recording was published 
solely in electronic format, the applicant may submit digital files containing a complete 
phonorecord of the work, provided that the requirements set forth in Section 1507.2 
have been met. 
1509.2(B)(4)  Sound Recordings First Published in a Foreign Country 
To register a sound recording that was published solely in a foreign country, the 
applicant should submit one complete phonorecord of the work as first published in that 
country. 37 C.F.R. § 202.20(c)(1)(iv). 
If the work was first published in a foreign country and subsequently published in the 
United States, the applicant may submit one complete phonorecord of the work as first 
published in the foreign country. Alternatively, the applicant may submit one complete 
phonorecord of the best edition that was published in the United States, provided that 
the content of the U.S. edition is identical to the foreign edition. See id. 

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  1509.2(C)  Dramatic Works 
Dramatic works may be fixed in visually perceptible copies (e.g., a printed script), on 
phonorecords (e.g., an audio recording), or in a motion picture or other audiovisual work. 
1509.2(C)(1)  Unpublished Dramatic Works 
To register an unpublished dramatic work, the applicant should submit one complete 
copy or phonorecord that contains all the authorship claimed in the application. 
1509.2(C)(2)  Published Dramatic Works 
To register a dramatic work published in the United States in visually perceptible copies, 
the applicant generally should submit two complete copies of the best edition of the 
work. If the dramatic work was published solely in electronic form, the applicant may 
submit a digital file containing one complete copy of the work. See Section 1507.2.  
To register a dramatic work published on phonorecords in the United States, the 
applicant should submit one complete phonorecord containing the best edition of the 
work. As discussed in Section 1504, the criteria used to determine the best edition for a 
particular work are listed in the “Best Edition Statement,” which is set forth in Appendix 
B to Part 202 of the Office’s regulations. The Best Edition Statement is also posted on the 
Office’s website in Best Edition of Published Copyrighted Works for the Collections of the 
Library of Congress (Circular 7b). 
If the dramatic work was published in a motion picture in the United States and if the 
dramatic work and the motion picture are authored and/or owned by the same party, 
the applicant may satisfy the deposit requirements for both works by submitting one 
complete copy of the motion picture together with the separate written description 
described in Section 1509.2(F)(1). A separate copy of the screenplay is not required. 
If the dramatic work and the motion picture are not authored or owned by the same 
party, the applicant may submit one compete copy of the screenplay together with the 
identifying material described in Section 202.21(f) of the regulations in lieu of 
submitting an actual copy of the motion picture.  
  1509.2(D)  Choreographic Works and Pantomimes 
Choreographic works and pantomimes generally are fixed in visually perceptible copies, 
because these types of works are based on the physical movements of a person’s body. 
The forms of fixation for choreography and pantomime typically include dance notation, 
motion pictures, textual descriptions, as well as drawings, illustrations, and/or 
photographs constituting the best edition of the work. See Chapter 800, Sections 
805.3(D) and 806.3(D).  
1509.2(D)(1)  Unpublished Choreographic Works and Pantomimes 
To register an unpublished choreographic work or pantomime, the applicant should 
submit one complete copy that contains all the authorship claimed on the application, 
regardless of the medium in which it is fixed. 

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1509.2(D)(2)  Published Choreographic Works and Pantomimes 
To register a choreographic work or pantomime published in a motion picture, the 
applicant should submit one complete copy of the best edition of the motion picture. 37 
C.F.R. § 202.20(c)(2)(i)(I). 
If the work was published in the United States in printed copies, the applicant generally 
should submit two complete copies of the best edition of the printed work. If the work 
was published solely in electronic form, the applicant may submit a digital file 
containing one complete copy of the work. See Section 1507.2. 
The criteria used to determine the best edition for a work published in printed copies 
are listed in section I of the “Best Edition Statement,” and the criteria for determining 
the best edition of a motion picture are listed in section III of the Statement. As 
discussed in Section 1504, the Best Edition Statement is set forth in Appendix B to Part 
202 of the Office’s regulations. It is also posted on the Office’s website in Best Edition of 
Published Copyrighted Works for the Collections of the Library of Congress (Circular 7b). 
  1509.2(E)  Audiovisual Works 
The term “audiovisual works” encompasses many categories of works that are 
“intrinsically intended to be shown by the use of machines or devices . . . .” 17 U.S.C. § 
101. Motion pictures represent the largest category of audiovisual works; these types of 
works are discussed in Section 1509.2(F). The audiovisual components of computer 
screen displays are discussed in Section 1509.1(F)(6). For all other types of audiovisual 
works, the deposit requirements vary depending on whether the work has been fixed on 
a CD-ROM or another type of machine-readable copy. 
1509.2(E)(1)  Audiovisual Works Fixed in a CD-ROM 
To register an audiovisual work that is fixed in a CD-ROM the applicant must submit one 
complete copy of the entire CD-ROM package, “including a complete copy of any 
accompanying operating software and instructional manual . . . .” 37 C.F.R. § 
202.20(c)(2)(xix)(A). 
A complete copy of a published CD-ROM package includes all 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.” Id.  
If a member of the Registration Program is unable to view the CD-ROM using standard 
Office equipment, the Office may accept alternative deposit materials under a grant of 
special relief (in addition to the complete CD-ROM package). See id. § 
202.20(c)(2)(xix)(B). 
If the work has been fixed in any other medium of expression, the applicant should refer 
to Section 1509.2(E)(2). 

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1509.2(E)(2)  Audiovisual Works Fixed in Machine-Readable Copies Other Than a CD-ROM 
To register an audiovisual work that has been fixed or published solely in machine-
readable copies other than a CD-ROM, the applicant should submit identifying material, 
such as: 
•  A videotape or a series of photographs depicting representative portions of the 
copyrightable content of the work; and  
•  A separate synopsis of the work. 
37 C.F.R. § 202.20(c)(2)(viii)(B). The applicant also may submit any packaging and/or 
instructional material that accompanies the pictorial images, if that material contains 
copyrightable authorship. 
Examples of audiovisual works that fall within this category include arcade games and 
videogames that are not fixed on CD-ROMs. 
In all cases, the applicant should include the title of the work on the identifying material. 
If the work has been published the applicant also should include the copyright notice for 
the work (if any). Id. § 202.20(c)(2)(viii). 
N OT E : If the applicant is unable to submit identifying material using any of these 
options, the applicant may ask for special relief from the deposit requirements. For 
information concerning this procedure, see Section 1508.8.  
1509.2(E)(3)  Audiovisual Works Published in Electronic Format 
To register an audiovisual work published in electronic and hard copy formats, the 
applicant should submit two complete copies of the best edition of the work in the hard 
copy format. If the audiovisual work was published solely in electronic format, the 
applicant may submit digital files containing a complete copy of the work, provided that 
the requirements set forth in Section 1507.2 have been met. 
  1509.2(F)  Motion Pictures 
This Section discusses the deposit requirements for motion pictures created or 
published on or after January 1, 1978. For information concerning motion pictures 
published before that date, see Chapter 2100. For information concerning a musical 
work that was published solely in a motion picture, see Section 1509.2(A)(2)(d). 
To register an unpublished or published motion picture, the applicant should submit 
one complete copy of the work. 37 C.F.R. § 202.20(c)(2)(ii). In addition, the applicant 
should submit a separate written description of the nature and general content of the 
work, such as a continuity, pressbook, or synopsis. Id.  
A copy of a motion picture is complete when “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 

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that would cause mechanical, visual, or audible defects or distortions.” 37 C.F.R. § 
202.20(b)(2)(vii). 
1509.2(F)(1)  Unpublished Motion Pictures 
To register an unpublished motion picture, the applicant should submit one complete 
copy of the work, together with a separate written description of the work. 37 C.F.R. § 
202.20(c)(2)(ii).  
As a general rule, the applicant may submit an unpublished motion picture in any 
format, provided that the registration specialist can examine the work using the Office’s 
standard equipment. For example, the applicant may upload a copy of the work through 
the electronic registration system, provided that it is submitted in one of the acceptable 
file formats discussed in Section 1508.1, and provided that the registration specialist 
can examine the work using the Office’s standard equipment. Alternatively, the 
applicant may submit the work on a videodisc, such as a DVD, Blu-ray disc, CD-ROM, 
DVD-ROM, or on a flash drive. 
1509.2(F)(2)  Published Motion Pictures 
To register a published motion picture, the applicant should submit one complete copy 
of the work as published, together with a separate written description of the work. See 
37 C.F.R. § 202.20(c)(2)(ii).  
The specific nature of the copy that should be submitted varies depending on whether 
the work was published in the United States or in a foreign country. These requirements 
are discussed below in Sections 1509.2(F)(2)(a) and 1509.2(F)(2)(b). 
1509.2(F)(2)(a)  Motion Pictures Published in the United States on or After January 1, 1978 
If the motion picture was published in the United States on or after January 1, 1978, the 
applicant should submit one complete copy of the best edition of that work. 
The criteria used to determine the best edition for a motion picture are listed in Section 
III of the “Best Edition Statement,” which is set forth in Appendix B to Part 202 of the 
Office’s regulations. The Best Edition Statement is also posted on the Office’s website in 
Best Edition of Published Copyrighted Works for the Collections of the Library of Congress 
(Circular 7b).  
Specifically, if the motion picture was published in one of the formats listed immediately 
below the applicant should submit one complete copy of the work in the format that 
appears on this list. If the work was published in two or more of the formats listed 
immediately below, the applicant should submit the work in the format that is listed 
first. If the work was published in an electronic format and in one or more of the hard 
copy formats listed immediately below, the applicant should submit one complete copy 
of the hard copy format. See 37 C.F.R. § 202.20(b)(1).  
 
 

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• Film Formats:

1. Preprint material (by special arrangement)

2. 70 mm positive print (if original production negative is greater than 35

mm)

3. 35 mm positive prints

4. 16 mm positive prints

• Video Formats:

1. Betacam SP

2. Digital Beta (Digibeta)

3. DVD

4. VHS Cassette

See 37 C.F.R. Part 202, Appendix B, ¶ III.

The following examples illustrate the appropriate method for identifying the “best

edition” in cases where a motion picture was published in one or more of the formats

listed immediately above.

• An animated film was published solely on a commercial DVD. The applicant

should submit one complete copy of the commercial DVD.

• A major motion picture was published in 35mm film, a commercial DVD, and a

VHS cassette. The applicant should submit one complete copy of the 35mm film,

because film formats are preferred over video formats, such as DVD and VHS.

• A documentary was published on DVD and VHS cassette. The applicant should

submit one complete copy of the DVD, because DVD formats are preferred over

VHS.

• A comedy routine was published on a commercial DVD and published online as

a digital download. DVDs are included on the list of preferred formats, but

digital downloads are not. Therefore, applicant should submit one complete

copy of the DVD.

In all cases, applicants should focus solely on the editions or formats that actually exist

as of the date that the claim is filed. For instance, if the motion picture was published

solely as a digital cinema package (DCP), there is no need to create a new edition on 35

mm film, digibeta, or any of the other formats listed on the Best Edition Statement.

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If the motion picture was published in a format that is not listed on the Best Edition 
Statement, the applicant may request further guidance concerning the deposit 
requirements for registration by submitting a written request to the Office of 
Registration Policy & Practice. If the motion picture was published solely in a DCP 
format, the applicant may upload the work in any of the acceptable file formats listed in 
Section 1508.1, provided that the file does not exceed 500 megabytes. Alternatively, the 
applicant may submit one complete copy of the work on a DVD-R. 
1509.2(F)(2)(b)  Motion Pictures Published in a Foreign Country on or after January 1, 1978  
If the motion picture was published solely in a foreign country on or after January 1, 
1978, and if the work was published in only one format, the applicant should submit one 
complete copy of the work as published in that format. 
If the motion picture was published solely in a foreign country, and if the work was 
published in more than one edition, the applicant should submit one complete copy of 
the first published edition. See 37 C.F.R. § 202.20(c)(1)(iv). 
If the motion picture was first published in a foreign country, and then subsequently 
published in the United States, the applicant may submit one complete copy of the 
edition that was first published in the foreign country. Alternatively, the applicant may 
submit one complete copy of the “best edition” that was published in the United States, 
provided that the content of the U.S. edition is identical to the content of the foreign 
edition. See id. For information concerning the best edition requirement, see Section 
1509.2(F)(2)(a). 
1509.2(F)(3)  Motion Pictures Contained in Formats That Cannot Be Viewed by the U.S. 
Copyright Office 
The U.S. Copyright Office may not have equipment needed to examine a motion picture 
for copyrightable authorship. If so, the registration specialist may ask the applicant to 
resubmit the work in a different format. 
Alternatively, the specialist may proceed with his or her examination without 
requesting a viewable copy of the motion picture, provided that (i) the applicant 
submitted a separate written description of the work, such as a continuity, pressbook, 
synopsis, or the final shooting script, and (ii) the written description sufficiently 
identifies the copyrightable material in the work, and includes the following 
information: 
•  The continuing title of the work and the episode title (if any); 
•  The nature and general content of the program and its dialog or narration (if any); 
•  The running time; and 
•  All credits appearing on the work, including the copyright notice (if any). 
37 C.F.R. § 202.21(h).  

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1509.2(F)(4)  The Motion Picture Agreement 
The Library of Congress may, at its sole discretion, enter into an agreement permitting 
the return of copies of published motion pictures to the applicant under certain 
conditions and establishing certain rights and obligations with respect to such copies on 
the part of both the applicant and the Library. See 37 C.F.R. § 202.20(c)(2)(ii). 
The current Motion Picture Agreement states that after a motion picture has been 
registered, the deposit copy will be returned to the applicant upon written request. 
However, the applicant may be required to resubmit a copy of the work for the Library’s 
permanent collection within a period of two years. By signing the Agreement, the 
applicant agrees to provide the Library with a copy that meets the archival quality 
standards set forth in the Agreement in the event that the film is recalled. See Deposit 
Requirements; Motion Pictures, 43 Fed. Reg. 12,320, 12,322-24 (Mar. 24, 1978).  
Applicants may request a copy of the Motion Picture Agreement by calling the Office’s 
Motion Picture Team at (202) 707-8182. 
1509.2(F)(4)(a)  Who May Enter Into the Motion Picture Agreement? 
The Motion Picture Agreement may be used by the owner of copyright in a published 
work or the owner of the exclusive right of publication (including the exclusive right to 
distribute the work in the United States). The Agreement only refers to works first 
published in the United States.  
The Agreement may also be used by the owner of copyright in a work initially published 
outside the United States, but later published in this country prior to the date of deposit. 
Works published only outside the United States may be made subject to the Agreement 
if (i) the owner of copyright executes the Motion Picture Agreement together with the 
Standard Modification of the Agreement, and (ii) if that party has an established 
business office in the United States or has designated an agent in the United States with 
express authority to receive service in the event the Agreement is breached. 
Applicants may request a copy of the Standard Modification of the Motion Picture 
Agreement by calling the Office’s Motion Picture Team at (202) 707-8182. 
1509.2(F)(4)(b)  Who May Sign the Motion Picture Agreement? 
The Motion Picture Agreement may be signed by an individual applicant or his or her 
legal representative. A business entity may sign the Agreement through a legal 
representative empowered to bind the entity, such as an officer of a corporation, an 
attorney for the applicant, or another agent who is satisfactory to the Library of 
Congress. In certain cases, the signing party may be required to complete the Standard 
Modification to the Motion Picture Agreement. Legal representatives may also be 
required to sign a bond that subjects that party to certain liability under the Agreement. 
1509.2(F)(4)(c)  The Supplementary Property Agreement 
If the applicant has entered into the Motion Picture Agreement the Office may accept a 
deposit copy in a format other than the best edition if the applicant signs the 

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Supplementary Property Agreement. By signing the Supplemental Property Agreement,

the applicant agrees to resubmit a best edition copy of archival quality if the Library of

Congress demands a copy of the motion picture under the Motion Picture Agreement.

Applicants may request a copy of the Supplementary Property Agreement by calling the

Office’s Motion Picture Team at (202) 707-8182.

1509.2(F)(4)(d) Return of the Deposit Copy Under the Motion Picture Agreement

The U.S. Copyright Office will return the deposit copy to the applicant pursuant to the

Motion Picture Agreement if the applicant submits a specific written request. In

particular, if the applicant signs the Supplementary Property Agreement discussed in

Section 1509.2(F)(4)(c), that document will be interpreted as a written request for the

return of the deposit copy.

If the work is to be returned by a private courier designated by the applicant, the

applicant should include shipping instructions with the request. The instructions should

indicate that the motion picture is to be returned at the applicant’s expense and it

should include the name of the courier, an account number (if any), a declaration of

value, and the amount of insurance required.

If the applicant requests, the motion picture will be shipped collect by means of a

private courier chosen by the Library of Congress, with insurance coverage at the

applicant’s expense, to the amount of the declared value. If no value has been declared,

the amount of the insurance will be based on the estimated replacement cost for a copy

of identical physical characteristics produced by a commercial laboratory.

Unless the Office is otherwise directed in writing at the time of deposit, motion pictures

will be returned to the applicant by Special Fourth Class Mail. In such cases, the Library

of Congress does not assume any responsibility for providing insurance. Because of the

high risk of loss with respect to certain films, the Office ordinarily will attempt to

contact applicants who submit 35mm feature films, oversize deposits, and copies of

special value for instructions for return by private courier at the applicant’s expense.

1509.2(F)(4)(e) Recall of the Deposit Copy Under the Motion Picture Agreement

At any time within two years from the date of the initial deposit, the Library of Congress

may make a written request that a copy of archival quality be submitted for its

permanent collections under the terms of the Motion Picture Agreement. The party

receiving the request must submit one complete copy of the film, meeting the standards

set forth in Appendix A of the Agreement, to the Library at the address specified in the

request within six months from the date of the recall.

1509.2(F)(4)(f) Quality of the Copy Deposited Under the Motion Picture Agreement

If an applicant has signed the Motion Picture Agreement and submits a deposit copy

without requesting the return of that copy, the motion picture is considered a “non-

agreement” film and is treated as though there is no Agreement on file.

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The standards governing the quality of a non-agreement film are set forth in Sections 
1509.2(F)(1) and 1509.2(F)(2), and the special “archival quality” standards set forth in 
the Motion Picture Agreement and Appendix A thereto do not apply. That said, any copy 
recalled by the Library of Congress under the Agreement must meet all the technical 
guidelines set forth in Appendix A to the Agreement. 
1509.2(F)(4)(g)  Termination of the Motion Picture Agreement 
The Library of Congress may terminate the Motion Picture Agreement for any good 
cause, including single or repeated instances involving a breach of the Agreement. If the 
Library terminates an Agreement, the termination applies only to motion pictures 
deposited after the termination, and does not affect the rights or obligations of either 
party with respect to any copies previously deposited or returned under the Agreement. 
If the Library terminates the Agreement, it will not reinstate the Agreement or enter 
into any similar or subsequent agreement with the applicant or its successors in 
interest, unless the Library determines in its sole discretion that doing so would be in 
the best interests of the Library. 37 C.F.R. § 202.20(c)(2)(ii). 
  1509.2(G)  Deposit Requirements for Group Registration Options  
The Office offers a group registration option for unpublished works. The deposit 
requirements for this option are discussed in Chapter 1100, Section 1106.4. 
  1509.2(H)  Foreign Works of the Performing Arts 
To register an unpublished work of the performing arts that was created by a citizen or 
national of a foreign country, the applicant should submit one complete copy or 
phonorecord of the work that contains all the authorship claimed on the application. 
To register a work of the performing arts that was published solely in a foreign country, 
the applicant should submit one complete copy or phonorecord of the work as first 
published in that country. 37 C.F.R. § 202.20(c)(1)(iv). 
If the work was published in a foreign country and then subsequently published in the 
United States, the applicant may submit one complete copy or phonorecord of the work 
as first published in the foreign country. Alternatively, the applicant may submit one 
complete copy or phonorecord of the best edition that was published in the United 
States, provided that the content of the U.S. edition is identical to the content of the 
foreign edition. See id.  
  1509.2(I)  GATT Works of the Performing Arts 
GATT is an international trade agreement that extended copyright protection to certain 
classes of works that were in the public domain in the United States, such as sound 
recordings that were first fixed outside the United States before February 15, 1972. For 
information concerning the deposit requirements for such works, see Section 
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1509.2(J) Registration Deposit Requirements for Works of the Performing Arts:

At a Glance

The following charts provide a brief summary of the deposit requirements for various

types of works of the performing arts. For a detailed discussion of these requirements,

see Sections 1509.2(A) through 1509.2(I) above.

If the applicant is unable to submit a deposit that satisfies these requirements, the

applicant may ask for special relief. For information concerning this procedure, see

Section 1508.8.

General Requirements

Nature of the Work

Published

Unpublished

Unpublished works

n/a

One complete copy or

phonorecord representing the

entire copyrightable content

Works first published in the

United States before 1/1/78

Two complete copies or

phonorecords of the work as

first published

n/a

Works first published in the

United States between 1/1/78

and 3/1/89 that are not listed

below

Two complete copies or

phonorecords of the best

edition of the work (including

the copyright notice for the

first published edition)

n/a

Works first published in the

United States on or after 3/1/89

that are not listed below

Two complete copies or

phonorecords containing the

best edition of the work

n/a

Works that are not listed below

that are published solely in a

foreign country

One complete copy or

phonorecord of the work as

first published in the foreign

country

n/a

Works that are not listed below

that are first published in a

foreign country and

subsequently published in the

United States that are not listed

below

One complete copy or

phonorecord of the work as

first published in the foreign

country or one complete copy

of the best edition published

in the United States if the

content of the U.S. and foreign

editions is identical

n/a

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Musical Works

Nature of the Work

Published

Unpublished

Unpublished musical works

n/a

One complete copy or

phonorecord representing the

entire copyrightable content

Musical works published only in

printed copies

One complete copy of the best

edition of the work

n/a

Musical works published only in

phonorecords

One complete phonorecord of

the published work

n/a

Musical works published in

printed copies and

phonorecords before the work

was submitted for registration

One complete copy of the best

edition of the printed work

Musical works published only in

motion pictures

See Section 1509.2(A)(2)(d)

n/a

Sound Recordings

Nature of the Work

Published

Unpublished

Unpublished sound recordings

n/a

One complete phonorecord

representing the entire

copyrightable content

Sound recordings published

solely in hard copy format

Two complete phonorecords

containing the best edition of

the work in hard copy format

n/a

Sound recordings published in

hard copy and electronic format

before the work was submitted

for registration

Two complete phonorecords

containing the best edition of

the work in hard copy format

n/a

Sound recordings published

solely in electronic format

One complete phonorecord of

the published work

n/a

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Dramatic Works

Nature of the Work

Published

Unpublished

Dramatic works fixed in visually

perceptible copies

Two complete copies of the

best edition of the work

One complete copy representing

the entire copyrightable content

Dramatic works fixed in

phonorecords

One complete phonorecord of

the best edition of the work

One complete phonorecord

representing the entire

copyrightable content

Dramatic works fixed in motion

pictures

See Section 1509.2(C)(2)

One complete copy representing

the entire copyrightable content

Dramatic works published

solely in electronic format

See Sections 1507.2 and

1509.2(C)(2)

n/a

Choreographic Works and Pantomimes

Nature of the Work

Published

Unpublished

Choreographic works fixed in

printed copies

Two complete copies of the

best edition of the printed

work

One complete copy representing

the entire copyrightable content

Choreographic works fixed in

motion pictures

One complete copy of the best

edition of the motion picture

One complete copy representing

the entire copyrightable content

Pantomimes fixed in printed

copies

Two complete copies of the

best edition of the printed

work

One complete copy representing

the entire copyrightable content

Pantomimes fixed in motion

pictures

One complete copy of the best

edition of the motion picture

One complete copy representing

the entire copyrightable content

Choreographic works or

pantomimes published solely in

electronic format

See Sections 1507.2 and

1509.2(D)(2)

n/a

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Audiovisual Works

Nature of the Work

Published

Unpublished

Computer screen displays

See Section 1509.1(F)(6)

Audiovisual works fixed in a CD-

ROM

One complete copy of the

entire CD-ROM package

One complete copy of the entire

CD-ROM package

Audiovisual works fixed in

machine-readable copies other

than a CD-ROM (e.g., arcade

videogames)

Identifying material

consisting of a videotape or a

series of photographs

depicting representative

portions of the work together

with a separate synopsis of

the work

Identifying material consisting of

a videotape or a series of

photographs or drawings

depicting representative portions

of the work together with a

separate synopsis of the work

Audiovisual works fixed in

multimedia kits

One complete copy of the best

edition of the kit

One complete copy representing

the entire copyrightable content

Motion Pictures

Nature of the Work

Published

Unpublished

Motion pictures

See Section 1509.2(F)(1)

One complete copy of the work

and a separate written

description, or in the alternative,

identifying material and a

separate written description

containing the information set

forth in Section 1509.2(F)(2)

Motion pictures published

solely in electronic format

See Section 1507.2

n/a

Group Registration Options

Nature of the Works

Published

Unpublished

Group registration of

unpublished works

n/a

See Chapter 1100, Section

1106.4

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1509.3 Visual Arts Works

The U.S. Copyright Office uses the term “visual arts works” to refer collectively to the

following types of works:

• Fine art.

• Graphic art.

• Photographs.

• Prints.

• Art reproductions.

• Maps and globes.

• Charts and diagrams.

• Technical drawings, including architectural plans.

• Models.

• Works of artistic craftsmanship.

• Applied art.

• Architectural works.

To register a work that was first published in the United States on or after January 1,

1978, the applicant generally should submit two complete copies of the best edition of

that work. See 37 C.F.R. § 202.20(c)(1)(iii).

As discussed in Section 1504.2, the criteria used to identify the best edition for a visual

arts work are listed in the Best Edition Statement, which is set forth in Appendix B to

Part 202 of the Office’s regulations. It is also posted on the Office’s website in Best

Edition of Published Copyrighted Works for the Collections of the Library of Congress

(Circular 7b).

To register a work published in both electronic and hard copy formats, the applicant

generally should submit complete two copies of the work in the hard copy format. If the

work was published solely in electronic format, the applicant may submit digital file(s)

containing complete copy(ies) of the work, provided that the requirements set forth in

Section 1507.2 have been met.

There are exceptions to these rules for certain types of visual arts works. The deposit

requirements for these types of works are discussed in Sections 1509.3(A) through

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1509.3(D). The deposit requirements for foreign visual arts works are discussed in 
Section 1509.3(E). Section 1509.3(F) contains a series of charts that summarize the 
deposit requirements for these types of works. For detailed information on the 
copyrightability and registration of visual arts works, see Chapter 900. 
  1509.3(A)  Two-Dimensional Visual Arts Works 
1509.3(A)(1)  Unpublished Works 
To register an unpublished pictorial or graphic work, the applicant may submit 
identifying material instead of submitting an actual copy of the work. 37 C.F.R. § 
202.20(c)(2)(iv). For information concerning the requirements for identifying material, 
see Section 1509.3(C). 
N OT E : There is a limited exception to this rule for unpublished works fixed solely in a 
CD-ROM, which are discussed in Section 1509.3(A)(11). 
1509.3(A)(2)  Published Works 
To register a pictorial or graphic work published in the United States, the applicant 
generally should submit two complete copies of the best edition of that work.  
N OT E : There are several exceptions to this rule, which are discussed in Sections 
1509.3(A)(3) through 1509.3(A)(12). 
1509.3(A)(3)  Certain Limited Editions 
This Section discusses the deposit requirements for certain visual arts works that are 
published in a limited edition. 
If an individual author owns the copyright in the work, the applicant may submit one 
complete copy of the best edition, or in alternative, the applicant may submit identifying 
material, provided that one of the following conditions has been met: 
•  Less than five copies of the work have been published; or 
•  The work has been published and sold or offered for sale in a limited edition 
consisting of no more than 300 numbered copies. 
37 C.F.R. § 202.20(c)(2)(iv). For information concerning the requirements for 
identifying material, see Section 1509.3(C). 
1509.3(A)(4)  Works Reproduced in Sheet-like Materials 
This Section discusses the deposit requirements for pictorial or graphic works that are 
reproduced solely in “sheet-like material.” This category includes two-dimensional 
works that are fixed and/or published in the following types of material: 
•  Textiles and other fabrics. 

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•  Wallpaper and similar commercial wall coverings. 
•  Carpeting. 
•  Floor tile and similar commercial floor coverings. 
•   Wrapping paper and similar packaging material. 
If a visual arts work has been reproduced solely on sheet-like material, the applicant 
should submit the following: 
•  One copy of a swatch or piece of material that is sufficient to show all of the 
elements of the work that are claimed in the application. 
•  A copy of the copyright notice (if any) that appears on the work or on tags, labels, or 
packaging for the work. 
37 C.F.R. § 202.20(c)(2)(x). 
If the work contains a repeating pictorial or graphic design, the applicant should submit 
a copy of the complete design together with a partial repeat of that design. 
The applicant should submit a copy that shows the actual color(s) of the design, 
including any alternate color variations of the design. 
Applicants should not submit CAD drawings as the sole form of deposit, because these 
types of drawings generally do not show the actual fixed or published design. When 
including CAD drawings in the deposit, the applicant should submit the drawings 
together with other identifying material, such as photographs or scanned images 
showing the actual work fixed in fabric or other sheet-like material or showing the 
actual published edition of the work. 
The applicant should not submit CAD drawings or photos of the work if the copyright 
claim is based all or in part on the elevations, embroidery, tufts, looms, or other textural 
design aspects in carpet, wallpaper, or other sheet-like material. Instead, the applicant 
should submit an actual swatch or piece of material that shows the textural design 
aspects that are claimed in the application. 
1509.3(A)(5)  Published Greeting Cards, Picture Postcards, and Stationery 
To register published greeting cards, picture postcards, or stationery, the applicant 
should submit one complete copy of the best edition of the work. 37 C.F.R. § 
202.20(c)(2)(i)(C). 
1509.3(A)(6)  Published Calendars, Decals, Fabric Patches, or Emblems 
To register published calendars or two-dimensional decals, fabric patches, or emblems, 
the applicant should submit one complete copy of the best edition of the work. 37 C.F.R. 
§ 202.20(c)(2)(i)(J). 

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1509.3(A)(7)  Published Games 
A two-dimensional game may be registered as a work of the visual arts if the 
predominant form of authorship consists of pictorial or graphic authorship, such as 
board games, playing cards, and the like.  
To register a two-dimensional game that has been published, the applicant should 
submit one complete copy of the best edition of the work. 
See 37 C.F.R. § 202.20(c)(2)(i)(J); Part 202—Registration of Claims to Copyright, Deposit 
Requirements, 43 Fed. Reg. 41,975, 41,976 (Sept. 19, 1978). 
1509.3(A)(8)  Published Needlework and Craft Kits 
To register needlework or a craft kit, the applicant should submit one complete copy of 
the best edition of the work. 37 C.F.R. § 202.20(c)(2)(i)(J). 
1509.3(A)(9)  Published Commercial Prints, Labels, and Other Advertising Matter  
To register prints, labels, and other advertising matter published in connection with the 
rental, lease, lending, licensing, or sale of services, articles of merchandise, or works of 
authorship, the applicant generally should submit one complete copy of the best edition 
of the work. 37 C.F.R. § 202.20(c)(2)(v). 
If the print or label is published in a larger work, such as a newspaper or other 
periodical, the applicant may submit one copy of the entire page or pages where the 
work appears instead of submitting the entire larger work. Id. 
If the print or label is physically inseparable from a three-dimensional object, the 
applicant generally must submit identifying material instead of submitting an actual 
copy of the work. Id. For information concerning the requirements for identifying 
material, see Section 1509.3(C). 
N OT E : The rules discussed above do not apply to advertising material published in 
connection with motion pictures. The deposit requirements for such works are set forth 
in Section 1509.3(A)(2).  
1509.3(A)(10)  Pictorial or Graphic Works Reproduced on Three-Dimensional  
Containers or Holders 
This Section discusses the deposit requirements for pictorial or graphic works 
reproduced on three-dimensional containers or holders, such as boxes, cases, and 
cartons, that can be readily opened out, unfolded, slit at the corners, or in some other 
way made adaptable for flat storage. The applicant should submit one copy of the work 
if the copy, when flattened, does not exceed ninety-six inches in any dimension. The 
applicant may submit identifying material if the copy, when flattened, exceeds ninety-six 
inches in any dimension. For information concerning the requirements for identifying 
material, see Section 1509.3(C). 
37 C.F.R. § 202.20(c)(2)(i)(K), (c)(2)(xi)(B)(4). 

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1509.3(A)(11)  Visual Arts Works Fixed in a CD-ROM 
To register a pictorial or graphic work that is fixed in a CD-ROM the applicant must 
submit one complete copy of the entire CD-ROM package, regardless of whether the 
work is published or unpublished. If the work is fixed in print as well as the CD-ROM, the 
applicant also should submit a printed version of the work that is embodied in the CD-
ROM. 37 C.F.R. § 202.20(c)(2)(xix)(A).  
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” and “including a complete copy of any accompanying operating software 
and instructional manual.” Id.  
If a member of the Registration Program is unable to view the CD-ROM using standard 
Office equipment, the Office may accept alternative deposit materials under a grant of 
special relief (in addition to the complete CD-ROM package). See id. § 
202.20(c)(2)(xix)(B). 
1509.3(A)(12)  Deposit Requirements for Group Registration Options 
The Office has established a procedure that allows copyright owners to register groups of 
unpublished works, unpublished photographs, published photographs, or a database 
consisting predominantly of photographs with one application, one filing fee, and one set of 
deposit copies. The deposit requirements for these group registration options are 
discussed in Chapter 1100, Sections 1112.7 and 1114.4.  
  1509.3(B)  Three-Dimensional Visual Arts Works 
1509.3(B)(1)  Identifying Material Required 
When registering statues, carvings, ceramics, moldings, constructions, models, 
maquettes, dolls, toys, stuffed animals, puppets, or other three-dimensional sculptural 
works, the applicant generally must submit identifying material instead of submitting an 
actual copy of the work, regardless of whether the work is published or unpublished. 37 
C.F.R. § 202.20(c)(2)(xi)(A)(1). Likewise, the applicant generally must submit 
identifying material instead of submitting an actual copy of the work when registering 
jewelry or when registering any three-dimensional work that is embodied in a useful 
article. Id. § 202.20(c)(2)(xi)(A)(2). For information concerning the requirements for 
identifying material, see Section 1509.3(C). 
N OT E : There are several exceptions to this rule, which are discussed in Section 
1509.3(B)(2). 
1509.3(B)(2)  Actual Copy(ies) Permitted in Some Exceptional Cases 
When registering the following types of works the applicant may submit one complete 
copy in lieu of identifying material: 

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•  Published three-dimensional cartographic representations, such as globes and relief 
models. 37 C.F.R. § 202.20(c)(2)(i)(A). 
•  Three-dimensional sculptural works fixed or published solely in the form of jewelry 
cast in base metal that does not exceed four inches in any dimension. 37 C.F.R. § 
202.20(c)(2)(i)(G), (c)(2)(xi)(B)(5). 
•  Games that include multiple three-dimensional parts that are packaged and 
published in a box or similar container with flat sides and with dimensions of no 
more than twelve by twenty-four by six inches. 37 C.F.R. § 202.20(c)(2)(i)(G), 
(c)(2)(xi)(B)(3); see also Part 202—Registration of Claims to Copyright, Deposit 
Requirements, 43 Fed. Reg. 41,975, 41,976 (Sept. 19, 1978). 
•  Three-dimensional visual arts works fixed or published in or on a useful article that 
comprises one of the elements of the unit of publication for an educational or 
instructional kit that also includes a literary work, an audiovisual work, a sound 
recording, or any combination of such works. 37 C.F.R. § 202.20(c)(2)(i)(G), 
(c)(2)(xi)(B)(2). 
N OT E : For all other three-dimensional works, the applicant must submit identifying 
material instead of submitting an actual copy of the work. For information concerning 
the requirements for identifying material, see Section 1509.3(C). 
  1509.3(C)  Identifying Material 
When registering a visual arts work with identifying material, the applicant should 
submit photographic prints, transparencies, photostats, drawings, or similar two-
dimensional reproductions or renderings of the work in a form that is visually 
perceptible without the aid of a machine or device. See 37 C.F.R. § 202.21(a). The 
applicant should submit as many pieces of identifying material as necessary to show the 
entire copyrightable content of the work claimed in the application. Id. § 202.21(b). In 
addition, the applicant should include the title of the work on the front, back, or mount 
for at least one piece of identifying material. Id. § 202.21(d). 
When registering a pictorial or graphic work, the identifying material should reproduce 
the actual colors employed in the work. In all other cases, the identifying material may 
be black and white or may consist of a reproduction of the actual colors. Id. § 202.21(a). 
If the work has been published with a copyright notice, the location and content of the 
notice should be included on at least one piece of identifying material. Id. § 202.21(e). If 
the work was published without a notice, applicants may include any proprietary 
information concerning the owner, publisher, or distributor that was published on the 
work or on a tag, label, or packaging for the work. 
N OT E : When registering a three-dimensional sculptural work fixed or published solely 
in the form of jewelry cast in base metal that exceeds four inches in any dimension, 
applicants are encouraged to submit photographs of the actual jewelry together with 
hand-drawn sketches or CAD drawings. If possible, applicants should eliminate reflected 
glare on the surface of the jewelry because it may inhibit the examination of the work. 

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Because a registration only covers the copyrightable authorship that is clearly shown in 
the identifying material, applicants are also encouraged to submit images of the jewelry 
from multiple perspectives, such as front, back, top-down, bottom, and side views.  
  1509.3(D)  Architectural Works 
This Section discusses the deposit requirements for published or unpublished 
architectural works.  
An “architectural work” is “the design of a building as embodied in any tangible medium 
of expression, including a building, architectural plans, or drawings. The work includes 
the overall form as well as the arrangement and composition of spaces and elements in 
the design, but does not include individual standard features.” 17 U.S.C. § 101. For 
information on the copyrightability and registrability of architectural works, see 
Chapter 900, Section 926. 
In all cases, the applicant should submit one complete copy of an architectural drawing 
or blueprint in visually perceptible form showing the overall form of the building (i.e., 
drawings of the exterior elevations when viewed from the front, rear, sides, and top-
down), and any interior arrangements of spaces and/or design elements in which 
copyright is claimed.  
N OT E : The phrase “interior arrangements of spaces and/or design elements” refers to 
permanent, structural elements that define the arrangement of space within the interior 
of the building, rather than “interior design,” such as the selection and placement of 
furniture, lighting, paint, and similar items.  
The drawings should include the following information (if known):  
•  The name(s) of the architect(s) and draftsperson(s), and  
•  The building site. 
See 37 C.F.R. § 202.11(c)(5)(i).  
If the building has been constructed, the applicant also should submit photographs that 
clearly show the exterior and interior of the architectural work. See id.  
The deposit may be submitted in any form that allows the U.S. Copyright Office to access, 
perceive, and examine the entire copyrightable content of the work being registered. 
The applicant may upload a digital copy of the work, provided that it is submitted in one 
of the file formats listed on the Office’s website. See id. § 202.11(c)(5)(ii).  
When uploading the deposit, the applicant should submit a separate file containing the 
name of the architect, draftsperson, or copyright owner if that information appears in a 
proprietary legend in the margins of the blueprints or drawings. 
N OT E : Deposits that are uploaded to the electronic registration system will be 
considered solely for the purpose of registering the work with the Copyright Office, and 

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will not satisfy the mandatory deposit requirements for architectural works that have 
been published in the United States. See id. For information concerning these 
requirements, see Section 1511.8(J). 
  1509.3(E)  Foreign Visual Arts Works 
1509.3(E)(1)  Two-Dimensional Works 
To register an unpublished, two-dimensional visual arts work that was created by a 
citizen or national of a foreign country, the applicant may submit identifying material 
instead of submitting an actual copy of the work. See 37 C.F.R. § 202.20(c)(2)(iv). For 
information concerning the requirements for identifying material, see Section 
1509.3(C). 
To register a visual arts work that was published solely in a foreign country, the 
applicant should submit one complete copy of the work as first published in that 
country. 37 C.F.R. § 202.20(c)(1)(iv).  
If the work was published in a foreign country and then subsequently published in the 
United States, the applicant may submit one complete copy or phonorecord of the work 
as first published in the foreign country. Alternatively, the applicant may submit one 
complete copy of the best edition that was published in the United States, provided that 
the content of the U.S. edition is identical to the content of the foreign edition. See id.  
N OT E : There are several exceptions to these rules, which are discussed in Sections 
1509.3(A)(3) through 1509.3(A)(11). 
1509.3(E)(2)  Three-Dimensional Works 
To register a three-dimensional work the applicant generally should submit identifying 
material, regardless of whether the foreign work is published or unpublished.  
N OT E : There are several exceptions to these rules, which are discussed in Section 
1509.3(B)(2). 
1509.3(E)(3)  GATT Visual Arts Works 
GATT is an international trade agreement that extended copyright protection to certain 
classes of works that were in the public domain in the United States, such as works first 
published outside the United States before March 1, 1989 without a proper copyright 
notice. For information concerning the deposit requirements for such works, see Section 
1509.1(M).  
  1509.3(F)  Registration Deposit Requirements for Visual Arts Works: At a Glance  
The following charts provide a brief summary of the deposit requirements for various 
types of visual arts works. For a detailed discussion of these requirements, see Sections 
1509.3(A) through 1509.3(E) above. 

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If the applicant is unable to submit a deposit that satisfies these requirements, the

applicant may ask for special relief. For information concerning this procedure, see

Section 1508.8.

Two-Dimensional Visual Arts Works

Nature of the Work

Published

Unpublished

Unpublished works

n/a

Identifying material

representing the entire

copyrightable content

Pictorial or graphic works (e.g.,

artwork, drawings, illustrations,

paintings, posters, photographs,

prints, brochures, exhibition

catalogs) first published in the

United States before 1/1/1978

Two complete copies of the

work as first published

n/a

Pictorial or graphic works first

published in the United States

between 1/1/1978 and

3/1/1989 that are not listed

below

Two complete copies of the best

edition of the work (including

the copyright notice for the first

published edition)

n/a

Pictorial or graphic works first

published in the United States

after 3/1/1989 that are not

listed below

Two complete copies of the best

edition of the work

n/a

Works that are not listed below

that are published solely in a

foreign country

One complete copy of the work

as first published in the foreign

country

n/a

Works that are not listed below

that are first published in a

foreign country and

subsequently published in the

United States

One complete copy of the work

as first published in the foreign

country or one complete copy

of the best edition published in

the United States if the content

of the U.S. and foreign editions

is identical

n/a

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Nature of the Work

Published

Unpublished

“Limited edition” works

published in quantities of five

copies or fewer, or published in

300 numbered copies or fewer

where the copyright is owned

by an individual author

One complete copy of the best

edition of the work or

identifying material

n/a

Blueprints, architectural

drawings, mechanical drawings,

diagrams

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

Two-dimensional maps or

cartographic material

Two complete copies of the best

edition of the work. If published

in a CD-ROM, one complete

copy of the CD-ROM package. If

published in machine-readable

format other than a CD-ROM,

identifying material.

Identifying material

representing the entire

copyrightable content

Artwork reproduced only in

fabric, wallpaper, carpeting,

floor tile, wrapping paper, or

other similar sheet-like

materials

One complete 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 (if any)

Identifying material

representing the entire

copyrightable content

Greetings cards, picture

postcards, stationery

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

Calendars

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

Two-dimensional fabric

emblems or patches, decals or

heat transfers (not applied to

clothing), bumper stickers,

campaign buttons

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

Two-dimensional games

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

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Nature of the Work

Published

Unpublished

Patterns, cross-stitch graphs,

stitchery brochures,

needlework, and craft kits

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

Commercial prints, labels, or

other advertising matter (e.g.,

flyer, label, brochure, or catalog

used in connection with sale of

goods or services)

One complete copy of the best

edition of the work

Identifying material

representing the entire

copyrightable content

Commercial prints, labels, or

other advertising matter

published in a newspaper or

other periodical

One copy of the entire page(s)

of the periodical where the

work appears

n/a

Commercial prints, labels, or

other advertising matter

inseparable from three-

dimensional object (e.g., silk

screen label on a bottle)

Identifying material

representing the entire

copyrightable content

Identifying material

representing the entire

copyrightable content

Advertising material published

in connection with motion

pictures

Two complete copies of the best

edition of the work

n/a

Two-dimensional artwork

reproduced on three-

dimensional containers or

holders

Identifying material (or one

complete copy of the best

edition of the work if the box or

container is less than ninety-six

inches in any dimension when

flattened)

One complete copy or

identifying material

Contributions to collective

works other than newspapers,

such as photographs, drawings,

cartoons, and the like

One complete copy of the best

edition of the collective work,

or a photocopy or other

reproduction of the

contribution as it was published

in the collective work

One complete copy or

identifying material

Contributions to newspapers

One complete section

containing the contribution or a

cut-out of the contribution from

the newspaper

One complete copy or

identifying material

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Nature of the Work

Published

Unpublished

Works fixed only in a CD-ROM

One complete copy of the entire

CD-ROM package

One complete copy of the entire

CD-ROM package

Pictorial or graphic works fixed

only in machine-readable

format (other than a CD-ROM)

Identifying material

representing the entire

copyrightable content

Identifying material

representing the entire

copyrightable content

Group registration of

unpublished works

n/a

See Chapter 1100, Section

1106.4

Group registration of

contributions to periodicals

See Chapter 1100, Section

1110.5

n/a

Group registration of

photographs

See Chapter 1100, Section

1114.4

See Chapter 1100, Section

1114.4

Group registration of databases

that consist predominantly of

photographs

See Chapter 1100, Section

1112.7

See Chapter 1100, Section

1112.7

Three-Dimensional Visual Arts Works

Nature of the Work

Published

Unpublished

Unpublished works

n/a

Identifying material

representing the entire

copyrightable content

Published sculptural works

(e.g., statues, carvings, ceramics,

moldings, constructions,

models, maquettes) that are not

listed below

Identifying material

representing the entire

copyrightable content

Identifying material

representing the entire

copyrightable content

Jewelry

Identifying material

representing the entire

copyrightable content (or one

complete copy if the work is

cast in base metal that is no

more than four inches in any

dimension)

Identifying material

representing the entire

copyrightable content

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Nature of the Work

Published

Unpublished

Dolls, toys, stuffed animals, or

puppets

Identifying material

representing the entire

copyrightable content

Identifying material

representing the entire

copyrightable content

Games that include multiple

three-dimensional parts

Identifying material

representing the entire

copyrightable content (or one

complete copy of the best

edition of the work if it is

packaged in a box or similar

container with flat sides and

with dimensions of no more

than twelve inches by twenty-

four inches by six inches)

Identifying material

representing the entire

copyrightable content

Globes, relief models, or relief

maps

One complete copy (including

the stand, if any)

One complete copy (including

the stand, if any)

Three-dimensional sculptural

work (e.g., a collector’s doll,

coin, or sculpture) in a box with

copyrightable artwork and/or

textual material with a claim in

sculpture and

artwork/text/photograph

Identifying material

representing the entire

copyrightable content of the

sculptural work and the box (or

one complete copy of the box if

it is less than ninety-six inches

in any dimension when

flattened)

Identifying material

representing the entire

copyrightable content of the

sculptural work and the box (or

one complete copy of the box if

it is less than ninety-six inches

in any dimension when

flattened)

Works attached to or embodied

in a three-dimensional object

Identifying material

representing the entire

copyrightable content

Identifying material

representing the entire

copyrightable content

Works fixed or published in or

on a useful article that

comprises one of the elements

of the unit of publication for an

educational or instructional kit

that also includes a literary

work, an audiovisual work, a

sound recording, or any

combination of such works

One complete copy of the best

edition of the work

One complete copy

representing the entire

copyrightable content

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Architectural Works

Nature of Work

Published

Unpublished

Unconstructed buildings

See Section 1509.3(D)

Constructed buildings

See Section 1509.3(D)

1510 Storage of Deposits

This Section discusses the U.S. Copyright Office’s practices and procedures for storing

deposit copy(ies) and phonorecords.

1510.1 Deposit Storage

Section 704(a) of the Copyright Act states that “[u]pon their deposit in the Copyright

Office under Sections 407 and 408, all copies, phonorecords, and identifying material,

including those deposited in connection with claims that have been refused registration,

are the property of the United States Government.” 17 U.S.C. § 704(a).

Unpublished and published deposit materials that are submitted to the U.S. Copyright

Office in a hard copy format are stored in offsite storage facilities, unless the deposit

copy(ies) are selected by the Library of Congress for its collections or unless the deposit

has been returned to the applicant under the Motion Picture Agreement. Unpublished

deposit materials are stored for the entire term of copyright. Published deposit

materials are currently stored for twenty years.

When the Office closes a file for a published or unpublished work without issuing a

registration or refuses to register a work, the deposit materials are stored in accordance

with the Office’s retention schedule.

See generally Simplifying Deposit Requirements for Certain Literary Works and Musical

Compositions, 82 Fed. Reg. 38,859 (Aug. 16, 2017).

1510.2 Requests for Full-Term Deposit Storage for Published Works

Full-term retention of published deposit copy(ies) may be requested in certain

circumstances. This option offers copyright owners the opportunity to ensure that

copies or phonorecords of their works will remain in the custody of the U.S. Copyright

Office for seventy-five years from the date of first publication. A request for full-term

retention may be approved by the Office of Public Records and Repositories under the

following conditions:

• The work is published;

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•  Copyright registration is approved; 
•  The appropriate fee is received; and 
•  The copy has been continuously in the custody of the U.S. Copyright Office. 
See 37 C.F.R. § 202.23(a)-(c). The Office reserves the right to deny requests for full-term 
storage.  
For information on how to request full-term storage of published deposits, see Chapter 
2400, Section 2410. 
  1510.3  Requests for Inspection or Copies of Deposits  
Upon request, any member of the public may inspect the deposit copy(ies) or identifying 
material for a work that has been registered or refused by the U.S. Copyright Office. 
Certain parties may request a certified or uncertified copy of the deposit copy(ies) or 
identifying material for a copyright claim, provided that the party satisfies the 
conditions set forth in the Office’s regulations. 
For information concerning these procedures, see Chapter 2400, Section 2407. 
  1511  Mandatory Deposit 
As discussed above in Section 1502, the Copyright Act establishes two separate deposit 
requirements. Section 408 specifies the deposit requirements for registering a work 
with the U.S. Copyright Office, while Section 407 specifies the requirements for 
depositing a work with the Library of Congress. 
Section 407 states that “the owner of copyright or of the exclusive right of publication in 
a work published in the United States shall deposit [with the U.S. Copyright Office], 
within three months after the date of such publication – two complete copies of the best 
edition” “for the use or disposition of the Library of Congress.” 17 U.S.C. § 407(a)(1), (b). 
In the case of a sound recording published in the United States, Section 407 states that 
the copyright owner or the owner of the exclusive right of publication shall deposit “two 
complete phonorecords of the best edition, together with any printed or other visually 
perceptible material published with such phonorecords.” 17 U.S.C. § 407(a)(2). This is 
known as the “mandatory deposit requirement.” 
Submitting a published work for the use or disposition of the Library is not a condition 
of copyright protection. However, the Register of Copyrights may facilitate, demand, 
negotiate, or exempt the provision of copies or phonorecords for the Library of Congress 
at any time after a work has been published in the United States. If the Office issues a 
written demand and if required copies or phonorecords are not received within three 
months of receipt of the demand, the copyright owner or owner of the exclusive right of 
publication in that work may be subject to fines or other monetary liability. 17 U.S.C. § 
407(d).  
In most cases, the owner of copyright or the exclusive right of publication may satisfy 
the mandatory deposit requirement by submitting an application to register the work, 

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provided that the applicant submits two complete copies or two complete phonorecords 
of the best edition. Alternatively, the owner of copyright or the exclusive right of 
publication may submit the required number of copies or phonorecords without an 
application.  
If the applicant registered a published work with identifying material instead of 
submitting the best edition, the Library of Congress may demand an appropriate 
number of copies of the best edition under certain circumstances.  
Some categories of works are exempt from the mandatory deposit requirement, even if 
a work has been published. See H.R. REP. NO. 94-1476, at 150 (1976), reprinted in 1976 
U.S.C.C.A.N. 5659, 5766 (“deposit of copies or phonorecords for the Library of Congress 
is mandatory, but exceptions can be made for material the Library neither needs nor 
wants”). For information concerning these exceptions, see Section 1511.3.  
By contrast, some works — namely, transmission programs — are subject to mandatory 
deposit, regardless of whether the work is published or unpublished. For information 
concerning transmission programs, see Section 1511.5.  
  1511.1  What Is the Best Edition for Purposes of Mandatory Deposit?  
The “best edition” for purposes of mandatory deposit is defined as “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.” 17 U.S.C. § 101; 37 C.F.R. § 
202.19(b)(1)(i).  
The criteria used to identify the best edition for a particular work are listed in the Best 
Edition Statement, which is set forth in Appendix B to Part 202 of the Office’s 
regulations. 37 C.F.R. pt. 202, app. B. It is also posted on the Office’s website in Best 
Edition of Published Copyrighted Works for the Collections of the Library of Congress 
(Circular 7b). 
The Best Edition Statement contains a hierarchical list of formats that the Library 
prefers. Generally, if the work was published in two or more editions, the edition that is 
the highest quality is considered to be the “best” edition. “In judging quality, the Library 
of Congress will adhere to the criteria set forth [in the Best Edition Statement] in all but 
exceptional cases.” 37 C.F.R. pt. 202, app. B. 
If the Best Edition Statement does not provide specific criteria for selecting the best 
edition of the work, the edition that “in the judgment of the Library of Congress, 
represents the highest quality for its purposes shall be considered the ‘best edition.’” 37 
C.F.R. § 202.19(b)(1)(iii). If the copyright owner or owner of exclusive rights is 
uncertain as to whether a particular published edition constitutes the best edition, that 
party should contact the Office’s Copyright Acquisitions Division at (202) 707-7125. 37 
C.F.R. § 202.19(b)(1)(iii)(B). 

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  1511.2  What Is a Complete Copy or Phonorecord for Purposes of Mandatory Deposit?  
  1511.2(A)  Complete Copy of a Published Work 
A copy is “complete” for purposes of mandatory deposit if it contains “all elements 
comprising the unit of publication of the best edition of the work, including elements 
that, if considered separately, would not be copyrightable subject matter or would 
otherwise be exempt from the mandatory deposit requirement.” 37 C.F.R. § 
202.19(b)(2).  
  1511.2(B)  Sound Recordings 
In the case of a sound recording published in the United States, a phonorecord is 
“complete” if it “includes the phonorecord, together with any printed or other visually 
perceptible material published with such phonorecord (such as textual or pictorial 
matter appearing on record sleeves or album covers, or embodied in leaflets or booklets 
included in a sleeve, album, or other container).” 37 C.F.R. § 202.19(b)(2)(i).  
  1511.2(C)  Musical Compositions Published by Rental, Lease, or Lending  
In the case of a musical composition published in the United States solely “by the rental, 
lease, or lending of a full score and parts,” the full score is considered a “complete” copy. 
37 C.F.R. § 202.19(b)(2)(ii)(A). If the work was published solely “by the rental, lease, or 
lending of a conductor’s score and parts,” the conductor’s score is considered a 
“complete” copy. Id. § 202.19(b)(2)(ii)(B). 
  1511.2(D)  Motion Pictures 
In the case of a motion picture published in the United States, a copy is “complete” if “the 
reproduction of all 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.” 37 C.F.R. § 202.19(b)(2)(iii).  
  1511.2(E)  Electronic Works 
In the case of an electronic work published in the United States that is available only 
online, a copy is “complete” “if it includes all elements constituting the work in its 
published form, i.e., the complete work as published, including metadata and formatting 
codes otherwise exempt from mandatory deposit.” 37 C.F.R. § 202.19(b)(2)(iv).  
Online-only works are exempt from the mandatory deposit requirement, except for 
electronic serials that have been demanded by the U.S. Copyright Office. 37 C.F.R. §§ 
202.19(c)(5), 202.24; Mandatory Deposit of Published Electronic Works Available Only 
Online, 75 Fed. Reg. 3863, 3865 (Jan. 25, 2010). 

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  1511.3  Works Exempt from Mandatory Deposit 
The mandatory deposit requirement only applies to works published in the United 
States. Unpublished works and works that are published solely outside the United States 
are not subject to this requirement.  
Mandatory deposit does apply to works that are published simultaneously in both a 
foreign country and in the United States. It applies to works that are first published in a 
foreign country and then subsequently published or distributed in this country. It also 
may apply to unpublished transmission programs transmitted in the United States. For 
information concerning foreign works, see Section 1511.4. For information concerning 
transmission programs, see Section 1511.5. 
Section 407 also states that the Register of Copyrights “may by regulation exempt any 
categories of material from the deposit requirements of this section, or require deposit 
of only one copy or phonorecord with respect to any categories.” 17 U.S.C. § 407(c). The 
Office has issued exemptions for the following categories of works: 
•  Electronic works published in the United States that are available only online. 37 
C.F.R. § 202.19(c)(5). For purposes of mandatory deposit, “electronic works” are 
defined as “works fixed and published solely in an electronic format.” 37 C.F.R. § 
202.24(c)(3). 
This exemption applies to electronic serials that are available only online, unless the 
Office issues a demand for a particular serial under Section 202.24 of the 
regulations. For information concerning electronic serials, see Sections 1511.6. 
N OT E: This exemption does not apply to works that are published in the United 
States in both electronic formats and physical formats.  
•  Tests and answer material for tests when published separately from other literary 
works. 37 C.F.R. § 202.19(c)(8). 
•  Lectures, sermons, speeches, and addresses when published individually and not as 
part of a collection of the works of one or more authors. 37 C.F.R. § 202.19(c)(3). 
•  Works first published as an individual contribution to a collective work. 37 C.F.R. § 
202.19(c)(9). 
N OT E: This exemption does not apply to the copyright owner or owner of the 
exclusive right of publication in the collective work as a whole. 
•  Literary, dramatic, and musical works published only in phonorecords. 37 C.F.R. § 
202.19(c)(4). 
N OT E: This exemption only applies to the literary, dramatic, or musical work that is 
embodied in a sound recording. The copyright owner or the owner of the exclusive 
right of publication in a sound recording, which results from the fixation of such 
works is subject to the mandatory deposit requirement if the sound recording is 
published in the United States. 

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•  Works published only in a soundtrack that is an integral part of a motion picture. 37 
C.F.R. § 202.19(c)(11). 
N OT E: This exemption does not apply to the copyright owner or the owner of the 
exclusive right of publication in a motion picture. 
•  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. 37 C.F.R. § 202.19(c)(12). 
•  Diagrams and models illustrating scientific or technical works or formulating 
scientific or technical information in linear or three-dimensional form, such as 
architectural or engineering blueprints, plans, or designs, mechanical drawings, or 
anatomical models. 37 C.F.R. § 202.19(c)(1). 
•  Greeting cards, picture postcards, and stationery. 37 C.F.R. § 202.19(c)(2). 
•  Prints, labels, and other advertising materials, including catalogs, published in 
connection with the rental, lease, lending, licensing, or sale of services, articles of 
merchandise, or works of authorship. 37 C.F.R. § 202.19(c)(7). 
•  Three-dimensional sculptural works. 37 C.F.R. § 202.19(c)(6). 
•  Works reproduced and published only in or on jewelry, dolls, toys, games, plaques, 
floor coverings, wallpaper and similar commercial wall coverings, textiles and other 
fabrics, packaging material, or any useful article. Id. 
If a published work is subject to the mandatory deposit requirement, the copyright 
owner or owner of exclusive rights may submit a request for special relief from this 
requirement. For information concerning special relief, see Section 1511.9.  
  1511.4  Mandatory Deposit for Works Published Outside the United States  
Works published solely in a foreign country are not subject to the mandatory deposit 
requirement.  
As a general rule, works that are published both in a foreign country and in the United 
States are subject to mandatory deposit. However, works that are published abroad and 
subsequently published in the United States without any change in the copyrightable 
content of the work are exempt from mandatory deposit if the following conditions have 
been met: 
•  The work was registered with the U.S. Copyright Office before it was published in 
the United States; or  
•  The work was registered after it was published in the United States but before the 
Office issued a demand for the work under Section 407(d) of the Copyright Act. 

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37 C.F.R. § 202.19(c)(10). 
  1511.5  Mandatory Deposit for Unpublished Transmission Programs 
Most unpublished works are exempt from the mandatory deposit requirement, although 
there is a limited exception to this rule. Specifically, the Register of Copyrights may issue 
a written demand for a copy or phonorecord of an audio or audiovisual transmission 
program for the use or disposition of the Library of Congress, even if that program is 
unpublished. 17 U.S.C. § 407(e); 37 C.F.R. § 202.22(d). 
A “transmission program” is defined as “a body of material that, as an aggregate, has 
been produced for the sole purpose of transmission to the public in sequence and as a 
unit.” 17 U.S.C. § 101. This category includes audio or audiovisual transmissions made 
“via the Internet, cable, broadcasting, and satellite systems and via any other existing or 
future devices or processes for the communication of a performance or display whereby 
images or sounds are received beyond the place from which they are sent.” 37 C.F.R. § 
202.22(b)(1). 
For additional information concerning this procedure, see 37 C.F.R. § 202.22(d).  
  1511.6  Mandatory Deposit for Electronic Serials 
As a general rule, the mandatory deposit requirement does not apply to electronic 
works published in the United States that are available only online. However, there is a 
limited exception to this rule.  
The copyright owner or owner of the exclusive right of publication in an electronic serial 
published on or after February 24, 2010 is subject to mandatory deposit if the Office 
issues a written demand for a copy of that work for the use or disposition of the Library 
of Congress. See 37 C.F.R. §§ 202.19(c)(5), 202.24(a).  
For purposes of mandatory deposit, an “electronic serial” is defined as “an electronic 
work published in the United States and available only online, issued or intended to be 
issued on an established schedule in successive parts bearing numerical or 
chronological designations, without subsequent alterations, and intended to be 
continued indefinitely.” Id. § 202.19(b)(4). (For a definition of the term “electronic 
work,” see Section 1511.3.) 
The Register has promulgated an interim rule for this category of works. A serial is a 
work issued or intended to be issued in successive parts bearing numerical or 
chronological designations and intended to be continued indefinitely. The class includes 
periodicals (including newspapers), annuals, and the journals, proceedings, 
transactions, and other publications of societies. 37 C.F.R. § 202.3(b)(1)(v). It does not 
include works that are published both online and in physical form. Likewise, it does not 
include works that are constantly updated with no demarcation between particular, 
discrete issues of the publication. See Mandatory Deposit of Published Electronic Works 
Available Only Online, 75 Fed. Reg. 3863, 3865 (Jan. 25, 2010). 

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For additional information concerning this procedure, see 37 C.F.R. § 202.24. For 
information concerning serials that are published in a physical form or both online and 
in a physical form, see Section 1511.8(B). 
  1511.7  How to Submit Mandatory Deposits 
This Section discusses the procedure for submitting copies or phonorecords to the U.S. 
Copyright Office for the purpose of mandatory deposit.  
  1511.7(A)  Copies or Phonorecords Submitted with an Application for Registration  
As a general rule, the copyright owner or owner of the exclusive right of publication in a 
published work may satisfy the mandatory deposit requirement by registering that 
work with the U.S. Copyright Office. See 17 U.S.C. § 408(b)(2). To do so, the applicant 
should submit a completed application, the appropriate filing fee, and the appropriate 
number of complete copy(ies) or phonorecord(s) of the best edition of the work.  
For guidance in completing an application and for information concerning the filing fee, 
see Chapters 600 and 1400. For guidance in submitting the deposit copies or 
phonorecords for an application, see Section 1508.  
  1511.7(B)  Copies or Phonorecords Submitted without an Application for Registration  
For some categories of works the deposit requirements for registration and mandatory 
deposit are not the same, such as works that may be registered with identifying material 
or with a grant of special relief. In such cases, a separate submission of copies, 
phonorecords, or identifying material may be needed to register the work and to satisfy 
the mandatory deposit requirements. If so, the copyright owner or owner of the 
exclusive right of publication may satisfy the mandatory deposit requirement by 
submitting the required number of copies or phonorecords of the best edition to the 
following address: 
Library of Congress 
U.S. Copyright Office 
Attn: 407 Deposits 
101 Independence Avenue SE 
Washington, D.C. 20559 
As discussed in Section 1508.6, all mail that is sent to the Office is screened offsite for 
anthrax or other contaminants prior to delivery. In some cases this screening process 
may damage the deposit. If so, the Office will request a replacement deposit. To avoid 
damage to the deposit, the party submitting the deposit should follow the guidelines 
discussed in Section 1508.6(B).  
  1511.7(C)  Copies or Phonorecords Submitted in Response to a Demand Notice 
As discussed in Section 1511, the Register of Copyrights may issue a written demand for 
copies or phonorecords of any work published in the United States that is subject to the 
mandatory deposit requirement. A demand may be made at any time after the work has 
been published. 17 U.S.C. § 407(d).  

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If a copyright owner or owner of the exclusive right of publication receives a demand for

mandatory deposit, that party should submit the required number of copies or

phonorecords to the address specified in the demand notice within three months after

the demand is received.

Alternatively, a copyright owner or owner of exclusive rights may respond by

submitting the required copies or phonorecords together with an application to register

the work and the appropriate filing fee.

• When completing an online application, the applicant should print one or more

copies of the deposit copy shipping slip using the procedure discussed in Section

1508.2. The applicant should attach the demand notice and the shipping slips

directly to the deposits, and should send all of these items in a single package to the

address specified on the shipping slip.

• When completing a paper application, the applicant should attach the demand

notice, the completed application, and the nonrefundable filing fee directly to the

deposit, and should send all of these items to the following address:

Library of Congress

U.S. Copyright Office – CAD/AD

101 Independence Avenue SE

Washington, DC 20559-6601

N OT E : In all cases, the demand notice should be placed on top of the items in the package

so that it is visible when the package is opened.

If the copyright owner or owner of exclusive rights submits the copies or phonorecords

to the address specified in the demand notice without submitting an application, the

appropriate filing fee, and/or the shipping slips, the Office will assume that the deposit

was submitted solely for the purpose of satisfying the mandatory deposit requirement.

The Office will not connect the copies or phonorecords with a separately submitted

application nor will the Office hold the copies or phonorecords pending the receipt of an

application. See 37 C.F.R. § 202.19(f)(1).

If the required deposit copies or phonorecords are not received in a timely manner, the

party that received the demand notice may be subject to the following penalties:

• To pay a fine of not more than $250 for each work; and

• To pay the total retail price of the copies or phonorecords demanded into a specially

designated fund in the Library of Congress, or if no retail price has been fixed, the

reasonable cost to the Library of Congress of acquiring such copies or

phonorecords; and

• To pay a fine of $2,500, in addition to any fine or liability imposed above, if the party

willfully or repeatedly fails or refuses to comply with the demand.

17 U.S.C. § 407(d).

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  1511.7(D)  Certificate of Receipt 
Upon request, the Office will issue a certificate of receipt for copies or phonorecords that 
are submitted for the purpose of mandatory deposit, provided that the request is made 
at the time of the deposit. Thereafter, the Office will issue a certificate of receipt only if 
the request is made by the party that is identified in the Office’s records as the party that 
submitted the copies or phonorecords. The certificate will provide the following 
information: 
•  The depositor. 
•  The work deposited. 
•  The nature and format of the copy or phonorecord deposited. 
•  The date of receipt. 
17 U.S.C. § 407(b); 37 C.F.R. § 202.19(f)(3). 
In all cases, the request for a certificate of receipt must be made in writing and must be 
accompanied by the appropriate fee, which is set forth in the Office’s fee schedule under 
the heading “Issuance of a receipt for a section 407 deposit.”  
  1511.8  Mandatory Deposit Requirements for Specific Categories of Works 
To satisfy the mandatory deposit requirement, copyright owners and owners of the 
exclusive right of publication generally should submit two complete copies of the best 
edition of the work, or in the case of a sound recording, two complete phonorecords of 
the best edition. See 37 C.F.R. § 202.19(d)(1)(i), (ii). For a definition and discussion of 
the terms “best edition,” “complete copy,” and “complete phonorecord,” see Sections 
1504 and 1505. 
There are several exceptions to this rule. For certain types of works, a party may submit 
(i) one copy or phonorecord instead of two, (ii) the work as first published instead of the 
best edition of the work, (iii) identifying material instead of copies or phonorecords, or 
(iv) in the case of a serial publication, two complimentary subscriptions to the work. The 
specific exceptions for literary works, works of the performing arts, and visual arts 
works are set forth in Sections 1511.8(A) through 1511.8(J). 
  1511.8(A)  Literary Monographs 
As a general rule, a party may satisfy the mandatory deposit requirement for a literary 
monograph by submitting one complete copy of the best edition of the work. 37 C.F.R. § 
202.19(d)(2)(ix).  
N OT E:  This rule does not apply to serials, which are defined as works “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). 
Likewise, it does not apply to legal publications, which are defined as works that contain 
legislative enactments, judicial decisions, or other edicts of government. 37 C.F.R. § 

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202.19(b)(5). To satisfy the mandatory deposit requirement for a legal publication, a 
party must submit two complete copies of the best edition. For information concerning 
the mandatory deposit requirements for serials, see Section 1511.8(B).  
In some cases, the Library of Congress may need two copies of a literary monograph, 
particularly if there is high demand for the work from Congress, the Congressional 
Research Service, the Supreme Court, or the general public. If so, the Library may 
demand an additional copy under Section 407(d) of the Copyright Act. See id. 
For example, the Library generally needs two copies of any reference work published in 
the United States, such as a dictionary, encyclopedia, gazetteer, bibliography, or 
almanac. Likewise, it generally needs two copies of any literary monograph published in 
the United States that focuses on the following subjects: 
•  U.S. history (including works bearing Library of Congress Cataloging in Publication 
(“CIP”) subject headings for “U.S. history,” “U.S. local history,” “genealogy,” 
“heraldry,” or a Library of Congress classification containing the letters CR, CS, E, or 
F below 1000). 
•  Commerce or finance (including works bearing Library of Congress CIP subject 
headings for “commerce,” “finance,” “public finance,” or a Library of Congress 
classification containing the letters HF, HG, or HJ). 
•  Political institutions and public administration (including works bearing Library of 
Congress CIP subject headings for “political institutions and public administration 
(North America or United States),” or a Library of Congress classification containing 
the letters JJ or JK). 
•  Libraries or information science (including works bearing Library of Congress CIP 
subject headings for “libraries,” “books,” “information resources,” “bibliographies,” 
or a Library of Congress classification containing the letter Z). 
See Simplifying Deposit Requirements for Certain Literary Works and Musical 
Compositions, 82 Fed. Reg. 38,859, 38,861 & nn. 10-13 (Aug. 16, 2017). 
  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. 
N OT E:  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).  

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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). 
  1511.8(C)  Published Newspapers 
A party may satisfy the mandatory deposit requirement for a published newspaper by 
submitting a deposit pursuant to and in compliance with the group registration option 
for newspaper issues. 37 C.F.R. § 202.19(d)(2)(ix). For information concerning this 
option, see Chapter 1100, Section 1110. 
  1511.8(D)  Computer Programs and Computerized Information Works  
As a general rule, a party may submit one complete copy of the best edition of the work 
in order to satisfy the mandatory deposit requirement for computer programs and 
computerized information works, such as statistical compendia, serials, and reference 
works. However, if the work is copy-protected, two copies of the best edition are 
required. 37 C.F.R. § 202.19(d)(2)(vii). 
  1511.8(E)  Musical Works 
If a musical work was published in the United States solely on phonorecords, then as 
discussed in Section 1511.3, the work is exempt from the mandatory deposit 
requirement. 37 C.F.R. § 202.19(c)(4). Sound recordings of a musical work published on 
phonorecords, however, are not exempt from mandatory deposit, as the sound 
recording is a separate work of authorship. 
If a musical work was published in the United States in copies or both in copies and 
phonorecords, a party should submit one complete copy of the best edition of that work. 
37 C.F.R. § 202.19(d)(2)(v). In other words, if the work was published in phonorecords – 
such as a compact disc – and in physical copies – such as sheet music – the applicant 
should submit one complete copy of the sheet music, rather than submitting the 
compact disc. 

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  1511.8(F)  Motion Pictures 
To satisfy the mandatory deposit requirement for a motion picture, a party may submit 
one complete copy of the work together with a separate description of its contents, such 
as a continuity, pressbook, or synopsis. 37 C.F.R. § 202.19(d)(2)(ii). 
If the copyright owner or the owner of the exclusive right of publication has signed the 
Motion Picture Agreement, the Office may return the deposit copy to that party upon 
request. For information concerning this procedure, see Section 1509.2(F)(4). 
  1511.8(G)  Published Multimedia Kits 
To satisfy the mandatory deposit requirement for a published multimedia kit that 
includes literary works, audiovisual works, sound recordings, or any combination of 
such works, a party may submit one complete copy of the best edition instead of two 
copies. 37 C.F.R. § 202.19(d)(2)(vi). 
  1511.8(H)  Limited Edition Visual Arts Works 
This Section discusses the mandatory deposit requirements for pictorial or graphic 
works that are published in a limited edition. 
If an individual author owns the copyright in the work, the copyright owner or owner of 
the exclusive right of publication may submit one complete copy of the best edition, or 
in the alternative, the owner may submit photographs or other identifying material for 
the work, provided that one of the following conditions has been met: 
•  Less than five copies of the work have been published; or 
•  The work has been published and sold or offered for sale in a limited edition 
consisting of no more than 300 numbered copies. 
37 C.F.R. § 202.19(d)(2)(iv)(A)-(B). For information concerning the requirements for 
identifying material, see Section 1509.3(C). 
  1511.8(I)  Globes and Other Three-Dimensional Cartographic Works 
A party may submit one complete copy of the best edition in order to satisfy the 
mandatory deposit requirement for a published three-dimensional cartographic 
representation of area, such as a globe or relief model. 37 C.F.R. § 202.19(d)(2)(i). 
  1511.8(J)  Architectural Works 
To satisfy the mandatory deposit requirement for an architectural work, the copyright 
owner or owner of the exclusive right of publication should submit presentation 
drawings in their most finished form. 37 C.F.R. § 202.19(d)(2)(viii).  
The Library of Congress prefers drawings comprised of the following material listed in 
descending order of preference: 

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•  Original format, or best quality form of reproduction, including offset or silk screen 
printing. 
•  Xerographic or photographic copies on good quality paper. 
•  Positive photostat or photodirect positive. 
•  Blue line copies (diazo or ozalid process). 
The owner may also submit 8 x 10 inch photographs that clearly show several exterior 
and interior views of the architectural work.  
In all cases, the deposit should disclose the name(s) of the architect(s) and 
draftsperson(s), as well as the building site. 
See 37 C.F.R. § 202.19(d)(2)(viii).  
  1511.9  Special Relief from the Mandatory Deposit Requirement 
This Section discusses the procedure for obtaining special relief from the mandatory 
deposit requirements. For information concerning the procedure for requesting special 
relief from the deposit requirements for registration, see Section 1508.8.  
The Register of Copyrights is authorized to grant special relief from the mandatory 
deposit requirement for any published work.  
•  The Office may grant an exemption on an individual basis for a single work or for a 
series or groups of works. 
•  The Office may permit the deposit of one copy or phonorecord, or alternative 
identifying material (in lieu of submitting two copy(ies) or phonorecord(s) of the 
work). 
•  The Office may permit the deposit of incomplete copies or phonorecords or 
copy(ies) or phonorecords other than those normally comprising the best edition of 
a work. 
•  The Office may permit the deposit of identifying material that does not comply with 
Section 202.21 of the regulations. 
37 C.F.R. § 202.19(e)(1). 
A request for special relief must be made in writing and must include the specific 
reason(s) why the request should be granted. The request should be signed by or on 
behalf of the copyright owner or the owner of the exclusive right of publication, and it 
should be sent to the Associate Register of Copyrights and Director of Registration 
Policy & Practice at the address specified in Section 1508.8(B). Id. § 202.19(e)(3).  

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The Register of Copyrights may terminate any ongoing or continuous grant of special

relief after consulting with other appropriate officials of the Library of Congress. Id. §

202.19(e)(4). The procedure for terminating a grant of special relief from the

mandatory deposit requirements is the same as the procedure for terminating a grant of

special relief of the deposit requirements for registration. See Section 1508.8(D).