Stop! In the Name of Copyright – Interim Copyright Office Regulation Exempts Mandatory Deposit of Online Works

Effective February 24, 2010, electronic works published in the United States only in online, and not physical, form will be exempt from mandatory deposit unless the Copyright Office makes a demand for deposit of such works. The interim regulation will identify categories of online works subject to demand, the first of which will be electronic serials. The regulation will also establish procedures for issuing and responding to a deposit demand; redefine the term “complete copy” as applied to deposit of online-only works; and establish criteria for determining the “best edition” of online works to be deposited. The Copyright Office will seek comments on the implementation of the regulation later in 2010. A more detailed discussion of the contents of and rationale behind the interim regulation can be found at 75 Fed. Reg. 3863.

It is important to remember that mandatory deposit is distinct from the deposit requirement associated with registration. Copies deposited with an application for registration serve to identify the work. The purpose of mandatory deposit, on the other hand, is to provide the Library of Congress with an archival copy of all works published in the United States. Although copyright registration is optional, all copyrightable works that are published in the United States (with limited exceptions) are subject to mandatory deposit.

Within three months of publication, two copies of the “best edition” of every copyrightable work must be deposited with the Copyright Office. No application for registration need accompany the mandatory deposit; however, a deposit made in connection with registration will satisfy the mandatory deposit requirement.

At any time after a work is published, the Register of Copyrights may demand the required deposit copy. If the required deposit is not made within three months of this demand, the person or entity obligated to make the deposit may be liable for a fine, plus the retail price of the copies. Copyright Office Circular 7d discusses the requirements of mandatory deposit in more detail.

10 Comments Stop! In the Name of Copyright – Interim Copyright Office Regulation Exempts Mandatory Deposit of Online Works

  1. Kelsey

    I am so glad that I came to this web site. Very helpful post. I find this information useful. Thank you for helping to bring awareness to this issue.

    Reply
    1. Naomi Jane Gray

      You’re very welcome! I’ve found that many are either unaware of the mandatory deposit requirement, or confused as to how it differs from deposit associated with registration. Thanks for you comment, and welcome to Shades of Gray!

      Reply
  2. Trinidad Domnick

    Nice, informative post. I’ve found your blog via Yahoo and I’m very happy about the information you provide in your articles. I’ve skimmed through some of your articles and subscribed to your blog by adding your

    Reply
  3. WTFR

    Is there a more ignored rule in all law then the mandatory deposit requirement for authors that choose not to register their work ?

    Reply
    1. Naomi Jane Gray

      LOL! Yes, many authors fail to make the mandatory deposit – I suspect plenty are unaware that the requirement exists. But I have actually had a client receive a notification from the Copyright Office requesting that the mandatory deposit be made, in a case where the work had gotten a lot of press, and someone in the Office noticed that they had not received their copy.

      Reply

Leave a Reply

You have to agree to the comment policy.