U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

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deposit requirements of this section, or for alternative forms of

deposit aimed at providing a satisfactory archival record of a work

without imposing practical or financial hardships on the depositor,

where the individual author is the owner of copyright in a pictorial,

graphic, or sculptural work and (i) less than five copies of the work

have been published, or (ii) the work has been published in a limited

edition consisting of numbered copies, the monetary value of which would

make the mandatory deposit of two copies of the best edition of the work

burdensome, unfair, or unreasonable.

(d) At any time after publication of a work as provided by

subsection(a), the Register of Copyrights may make written demand for

the required deposit on any of the persons obligated to make the deposit

under subsection (a). Unless deposit is made within three months after

the demand is received, the person or persons on whom the demand was

made are liable-

(1) to a fine of not more than $250 for each work; and

(2) to pay into a specially designated fund in the Library of Congress

the total retail price of the copies or phonorecords demanded, or, if no

retail price has been fixed, the reasonable cost to the Library of

Congress of acquiring them; and

(3) to pay a fine of $2,500, in addition to any fine or liability

imposed under clauses (1) and (2), if such person willfully or

repeatedly fails or refuses to comply with such a demand.

(e) With respect to transmission programs that have been fixed and

transmitted to the public in the United States but have not been

published, the Register of Copyrights shall, after consulting with the

Librarian of Congress and other interested organizations and officials,

establish regulations governing the acquisition, through deposit or

otherwise, of copies or phonorecords of such programs for the

collections of the Library of Congress.

(1) The Librarian of Congress shall be permitted, under the standards

and conditions set forth in such regulations, to make a fixation of a

transmission program directly from a transmission to the public, and to

reproduce one copy or phonorecord from such fixation for archival

purposes.

(2) Such regulations shall also provide standards and procedures by

which the Register of Copyrights may make written demand, upon the owner

of the right of transmission in the United States, for the deposit of a

copy or phonorecord of a specific transmission program. Such deposit

may, at the option of the owner of the right of transmission in the

United States, be accomplished by gift, by loan for purposes of

reproduction, or by sale at a price not to exceed the cost of

reproducing and supplying the copy or phonorecord. The regulations

established under this clause shall provide reasonable periods of not

less than three months for compliance with a demand, and shall allow for

extensions of such periods and adjustments in the scope of the demand or

the methods for fulfilling it, as reasonably warranted by the

circumstances. Willful failure or refusal to comply with the conditions

prescribed by such regulations shall subject the owner of the right of

transmission in the United States to liability for an amount, not to

exceed the cost of reproducing and supplying the copy or phonorecord in

question, to be paid into a specially designated fund in the Library of

Congress.

(3) Nothing in this subsection shall be construed to require the making

or retention, for purposes of deposit, of any copy or phonorecord of an

unpublished transmission program, the transmission of which occurs

before the receipt of a specific written demand as provided by clause

(2).

(4) No activity undertaken in compliance with regulations prescribed

under clauses (1) and (2) of this subsection shall result in liability

if intended solely to assist in the acquisition of copies or

phonorecords under this subsection.

Section 408. Copyright registration in general [8]

(a) Registration Permissive. At any time during the subsistence of the

first term of copyright in any published or unpublished work in which

the copyright was secured before January 1, 1978, and during the

subsistence of any copyright secured on or after that date, the owner of

copyright or of any exclusive right in the work may obtain registration

of the copyright claim by delivering to the Copyright Office the deposit

specified by this section, together with the application and fee

specified by sections 409 and 708. Such registration is not a condition

of copyright protection.

(b) Deposit for Copyright Registration. Except as provided by subsection

(c), the material deposited for registration shall include-

(1) in the case of an unpublished work, one complete copy or

phonorecord;

(2) in the case of a published work, two complete copies or phonorecords

of the best edition;

(3) in the case of a work first published outside the United States, one

complete copy or phonorecord as so published;

(4) in the case of a contribution to a collective work, one complete

copy or phonorecord of the best edition of the collective work.

Copies or phonorecords deposited for the Library of Congress under

section 407 may be used to satisfy the deposit provisions of this

section, if they are accompanied by the prescribed application and fee,

and by any additional identifying material that the Register may, by

regulation, require. The Register shall also prescribe regulations

establishing requirements under which copies or phonorecords acquired

for the Library of Congress under subsection (e) of section 407,

otherwise than by deposit, may be used to satisfy the deposit provisions

of this section. (c) Administrative Classification and Optional

Deposit. (1) The Register of Copyrights is authorized to specify by

regulation the administrative classes into which works are to be placed

for purposes of deposit and registration, and the nature of the copies

or phonorecords to be deposited in the various classes specified. The

regulations may require or permit, for particular classes, the deposit

of identifying material instead of copies or phonorecords, the deposit

of only one copy or phonorecord where two would normally be required, or

a single registration for a group of related works. This administrative

classification of works has no significance with respect to the subject

matter of copyright or the exclusive rights provided by this title.

(2) Without prejudice to the general authority provided under clause

(1), the Register of Copyrights shall establish regulations specifically

permitting a single registration for a group of works by the same

individual author, all first published as contributions to periodicals,

including newspapers, within a twelve-month period, on the basis of a

single deposit, application, and registration fee, under the following

conditions-

(A) if the deposit consists of one copy of the entire issue of the

periodical, or of the entire section in the case of a newspaper, in

which each contribution was first published; and

(B) if the application identifies each work separately, including the

periodical containing it and its date of first publication.

(3) As an alternative to separate renewal registrations under subsection

(a) of section 304, a single renewal registration may be made for a

group of works by the same individual author, all first published as

contributions to periodicals, including newspapers, upon the filing of a

single application and fee, under all of the following conditions:

(A) the renewal claimant or claimants, and the basis of claim or claims

under section 304(a), is the same for each of the works; and

(B) the works were all copyrighted upon their first publication, either

through separate copyright notice and registration or by virtue of a

general copyright notice in the periodical issue as a whole; and

(C) the renewal application and fee are received not more than twenty-

eight or less than twenty-seven years after the thirty-first day of

December of the calendar year in which all of the works were first

published; and

(D) the renewal application identifies each work separately, including

the periodical containing it and its date of first publication.

(d) Corrections and Amplifications. The Register may also establish, by

regulation, formal procedures for the filing of an application for

supplementary registration, to correct an error in a copyright

registration or to amplify the information given in a registration. Such

application shall be accompanied by the fee provided by section 708, and

shall clearly identify the registration to be corrected or amplified.

The information contained in a supplementary registration augments but

does not supersede that contained in the earlier registration.

(e) Published Edition of Previously Registered Work. Registration for

the first published edition of a work previously registered in

unpublished form may be made even though the work as published is

substantially the same as the unpublished version.

Section 409. Application for copyright registration [9]

The application for copyright registration shall be made on a form

prescribed by the Register of Copyrights and shall include

(1) the name and address of the copyright claimant;

(2) in the case of a work other than an anonymous or pseudonymous work,

the name and nationality or domicile of the author or authors, and, if

one or more of the authors is dead, the dates of their deaths;

(3) if the work is anonymous or pseudonymous, the nationality or

domicile of the author or authors;

(4) in the case of a work made for hire, a statement to this effect;

(5) if the copyright claimant is not the author, a brief statement of

how the claimant obtained ownership of the copyright;

(6) the title of the work, together with any previous or alternative

titles under which the work can be identified;

(7) the year in which creation of the work was completed;

(8) if the work has been published, the date and nation of its first

publication;

(9) in the case of a compilation or derivative work, an identification

of any preexisting work or works that it is based on or incorporates,

and a brief, general statement of the additional material covered by the

copyright claim being registered;

(10) in the case of a published work containing material of which copies

are required by section 601 to be manufactured in the United States, the

names of the persons or organizations who performed the processes

specified by subsection (c) of section 601 with respect to that

material, and the places where those processes were performed; and

(11) any other information regarded by the Register of Copyrights as

bearing upon the preparation or identification of the work or the

existence, ownership, or duration of the copyright.

If an application is submitted for the renewed and extended term

provided for in section 304(a)(3)(A) and an original term registration

has not been made, the Register may request information with respect to

the existence, ownership, or duration of the copyright for the original

term.

Section 410. Registration of claim and issuance of certificate

(a) When, after examination, the Register of Copyrights determines that,

in accordance with the provisions of this title, the material deposited

constitutes copyrightable subject matter and that the other legal and

formal requirements of this title have been met, the Register shall

register the claim and issue to the applicant a certificate of

registration under the seal of the Copyright Office. The certificate

shall contain the information given in the application, together with

the number and effective date of the registration.

(b) In any case in which the Register of Copyrights determines that, in

accordance with the provisions of this title, the material deposited

does not constitute copyrightable subject matter or that the claim is

invalid for any other reason, the Register shall refuse registration and

shall notify the applicant in writing of the reasons for such refusal.

(c) In any judicial proceedings the certificate of a registration made

before or within five years after first publication of the work shall

constitute prima facie evidence of the validity of the copyright and

of the facts stated in the certificate. The evidentiary weight to be

accorded the certificate of a registration made thereafter shall