The Public Domain Report MRR Ebook

Sample Content Preview

Basis of Claim

Where all of the material in a database has been previously published, previously registered, or is in the public domain, the claim must be limited to “compilation” assuming the requisites of original selection, coordination, or arrangement are present. Where all, or a substantial portion, of the material in the database represents copyrightable expression and it is being published or registered for the first time, the claim could also extend to “text,” “revised text,” “additional text,” or the like.

Space 2. In the “nature of authorship” space identify the copyrightable authorship in the database for which registration is sought, for example “compilation” or “compilation and text.” (Do not include any reference to design, physical form, features, hardware, or other uncopyrightable elements.)

Space 3. The date of creation space must be completed. Indicate the year in which the author completed the particular version for which registration is now sought, even if other versions exist or if further changes or additions are planned. The publication space should be completed only if the database has been published.

Space 6. Complete this space if the database contains a substantial amount of previously published, previously registered, or public domain material. Leave space 6 blank if the material contained in the database is entirely new and has never before been registered or published.

EXAMPLES: For a database containing only previously published information, space 6 could be completed as follows:

Space 6a: “previously published material”

Space 6b: “compilation of database material”

For a database containing both previously published and new original textual material, space 6 could be completed as follows:

Space 6a: “previously published text”

Space 6b: “compilation of database material and some new text”

For a previously registered database that is revised or updated, space 6 could be completed as follows:

Space 6a: “previously registered database”

Space 6b: “revised compilation” Or, if there is also copyrightable new or revised text, space 6b could read: “Revised compilation; some new text” (or “some revised text”).

1The Copyright Office has the authority to adjust fees at 5-year intervals, based on changes in the Consumer Price Index. The next adjustment is due in 1995. Please contact the Copyright Office after July 1995 to determine the actual fee schedule.

Q Revised Database (single or multiple-file):

l 50 pages or records showing the revisions, or the entire revised portions if less than 50 pages.

Q NOTE: For multiple-file databases (new or revised), the deposit must also include a descriptive statement containing: title of the database; name and address of copyright claimant; name and content of each separate file within the database, including subject matter, origin of data and number of separate records within each file. For published multiple-file databases, also include a description of the exact contents of any machine-readable copyright notice used in or with the database (plus manner and frequency of display); and sample of any visually perceptible copyright notice affixed to the copies or container.

Special Deposit for Encoded Databases

Database deposits should be humanly intelligible, preferably printouts written in a natural language. If the deposit is encoded, it should include a key or explanation of the code so that a copyright examiner can determine the presence of copyrightable material.

Special Relief and Trade Secrets

When an applicant is unable to deposit the appropriate material or when a database contains trade secrets that the applicant is unwilling to disclose through deposit for registration, the Copyright Office is willing to consider special relief requests, permitting the deposit of less than or other than the required deposit. Special relief requests are granted or denied by the Chief, Examining Division, upon receipt of the applicant’s written request, setting forth specific reasons why the request should be granted and indicating what deposit the applicant is able to make.

Deposit Requirements—General

For databases fixed and/or published only in machinereadable copies (other than CD-ROM format), the deposit requirements are the same for published and unpublished databases except that if the database is published, the deposit should also include a representation of or the page containing the copyright notice, if any.

The deposit for published and unpublished databases should consist of one copy of identifying portions of the work reproduced in a form visually perceptible without the aid of a machine or device, either on paper or in microform. For automated databases fixed or published in a CDROM format, the deposit must consist of one complete copy of the entire CD-ROM package, including a complete copy of any accompanying operating software and instructional manual, and a printed version of the work embodied in the CD-ROM if the work is fixed in print as well as a CD-ROM. See 37 CFR 202.20(c)(2)(xvii) or contact the Copyright Office at (202) 707-3000 for further information.

• File Size:2,733 KB
• License: Master Resell Rights
• Category:Ebooks
• Tags:2008 Ebooks Master Resale Rights