WHAT CONSTITUTES PUBLICATION OF A DATABASE?
The copyright law defines publication as “the distribution of copies
or phonorecords of a work to the public by sale or other transfer of ownership,
or by rental, lease, or lending. The offering to distribute copies or phonorecords
to a group of persons for purposes of further distribution, public performance,
or public display, constitutes publication.” It is unclear whether on-line
availability with or without printers for the user constitutes publication
of the work under the copyright law. The Copyright Office does not determine
whether a particular database is published or not. Instead, that decision
is made by the copyright owner.
REGISTRATION FOR AUTOMATED DATABASES
Using a single application, deposit, and filing fee, automated databases
may be registered in either of two ways:
(1) as a single basic registration covering the database as published on
a given date or, if unpublished, as created on a given date; or
(2) as a group registration for a database with its updates or revisions
(or for only its updates/revisions) added over a period of time, whether or
not they are published, but only if certain conditions are met. (See Section
titled“Group Registration for Automated Database Updates/ Revisions”
below.)
1. Single Basic Registration
For a published database, a single basic registration ordinarily
is made for the initial database as first published on a given date. For infrequent
updates that are all added to the database and published on a single date
(e. g., quarterly updates published on 1 day), a single basic registration
is appropriate.
For an unpublished database created over a period of more than 1 day
and not yet containing any updates, a single basic registration is appropriate.
Similarly, when a previously completed database is later revised or updated
on a single date (e.g., quarterly updates all added on 1 day), a basic registration
is appropriate.
2. Group Registration
A group registration must include updates or revisions, either alone or
combined with the initial database.
For a published database, it is possible to make a group registration
for only the updates/revisions published over a period of up to 3 months,
regardless of whether a prior registration for the initial database was ever
made. It is also possible for the first registration to be a group registration
for the initial database as first published plus its updates/ revisions, but
only if all the material was published within the same 3-month period within
the same calendar year.
An unpublished updated database may be registered under the group
registration provisions if its updates were created over a span of more than
1 day.
BASIC REGISTRATION (NONGROUP)
Scope of Claim
Registration for a published database extends only to the material
first published as a unit, i.e., that which is published on the date given
in the application as the “date of publication.” Registration for
an unpublished database extends to the database as it exists at the
time it is submitted for registration.
What to Send
• A completed Form TX
• A $30* nonrefundable filing fee payable to the
Register of Copyrights
• Appropriate deposit (see below)
| *NOTE:
Copyright Office fees are subject to change. For current fees, please check
the Copyright Office website at www.copyright.gov,
write the Copyright Office, or call (202) 707-3000. |
Completing Form TX
Complete all applicable spaces on the form, and please note the following
information when completing spaces 2, 3, and 6.
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”).
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.
Specific Deposit Requirements
Single-file Database (data records pertaining to a single
common subject matter):
• First and last 25 pages or, under a grant of special relief, first
and last 25 data records. (See “Special Relief and Trade Secrets”
below for procedure to use in requesting special relief.)
Multiple-file Database (separate and distinct groups of data
records):1
• 50 data records from each file, or the entire file, whichever is less;
or
• 50 pages or data records total under a grant of special relief. (See
“Special Relief and Trade Secrets” below for procedure to use in
requesting special relief.)
Revised Database (single or multiple-file):1
• 50 pages or records showing the revisions, or the entire revised portions
if less than 50 pages.
| 1NOTE:
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.
GROUP REGISTRATION FOR AUTOMATED DATABASE UPDATES/REVISIONS
Group registration is possible only if ALL the following conditions are
met:
- All the updates or revisions must be fixed (if unpublished) or published
only in machine-readable copy(ies).
- All the updates or revisions were created (if unpublished) or were first
published within a 3-month period, all within the same calendar year.
- All the updates or revisions are owned by the same copyright claimant.
- All the updates or revisions have the same general title.
- All the updates or revisions are similar in their general content, including
their subject.
- All the updates or revisions are similar in their organization.
- The updates or revisions, if published before March 1,1989, bear a copyright
notice naming the owner of the copyright, and that name is the same in each
notice.
Scope of Claim
Group registration for database updates/revisions or for a database plus
its updates/revisions extends to all the material that was created (if unpublished)
or that was first published within the time period (up to 3 months) specified
at space 1 of the application.
How to Register
To make a single group registration for an automated database and/or its
copyrightable updates/revisions added during a given 3-month period, send
the following three items together in the same envelope or package addressed
to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
• a $30* nonrefundable filing fee payable to Register
of Copyrights
• a deposit representative of the updates/revisions being registered
• a Form TX completed according to the instructions below
DEPOSIT REQUIREMENTS FOR GROUP REGISTRATION
The deposit requirements, whether single or multiple file, consist
of the following:
1. Visually perceptible identifying material comprised of:
• 50 pages or records (whichever is less) marked to disclose copyrightable
revisions/updates from one representative publication date (if published)
or one representative creation date (if unpublished);**
| **NOTE: It
is not necessary to identify ALL revisions/updates. The requirement is
to identify sufficient revisions/ updates to establish that the work submitted
for registration is an original work of authorship. |
OR
• 50 pages or records (whichever is less) comprised entirely of revisions/updates
from one representative publication date (if published) or one representative
creation date (if unpublished); please confirm in a cover letter that the
entire unmarked deposit represents revisions/updates added to the database
on the representative date;
AND
2. Descriptive Statement: a brief, typed or printed statement giving
the following information:
• title of the database
• name and address of the copyright claimant
• for each separate file in a multiple-file database, its name
and content, including its subject, origin(s) of the data, and
approximate number of data records it contains
• information about the nature, location, and frequency of the
changes within the database or (for multiple-file databases) within the separate
data files, and
•information about the copyright notice, if one is used, as follows:
For a machine-readable notice, transcribe the contents of
the notice and indicate the manner and frequency with which it is displayed
(e.g., at user’s terminal only at sign on, or continuously on terminal
display, or on printouts, etc.).
For a visually perceptible notice on any copies of the work
(or on tape reels or containers for same), include a photocopy or other sample
of the notice.
How to Complete Form TX for Group Registration of Database
Updates
(Supersedes existing instructions for Spaces 1, 3, and 6 of Form TX; complete
all other applicable spaces on Form TX according to the instructions on the
form.)
Space 1: Title
At the “Title of ThIs Work” line, use the following statement:
Group registration for automated database titled _______________; published/unpublished
(choose one) updates from _________to_____________.
• Indicate published or unpublished. All the updates or revisions being
registered as a group must be either published or unpublished.
• Give the earliest and latest dates for updates included in this group
registration. This time period must be 3 months or less, all within the same
calendar year.
Use the “Publication as a Contribution” line of space 1
to give the following information: The date (month, day, year) that
is represented by the marked portions of identifying material deposited.
Indicate the frequency with which revisions are made: e.g., daily,
weekly, monthly, or other (specify).
Space 3: Creation and Publication
Date of Creation: Give the year in which the author completed this
group of updates or revisions.
Creation: Under the statute, a work is “created” when it
is fixed in a copy or phonorecord for the first time. Where a work has been
prepared over a period of time, the part of the work existing in fixed form
on a particular date constitutes the created work on that date. The date given
here should be the year in which the author completed the particular version
for which registration is now being sought, even if other versions exist or
if further changes or additions are planned.
Date of Publication: Give the date (month, day, year) and nation
of publication only if the updates or revisions have been published. The date
given should be the last date on which you published updates or revisions
during the time period specified at space 1.
Space 6: Derivative Work or Compilation
Leave space 6 blank if the material contained in the version of the
database or its updates now being registered is entirely new and never before
registered or published.
Complete this space if the updates or the database and its updates
that are now being registered contain a substantial amount of previously published,
previously registered, or public domain material.
Preexisting Material (space 6a): For a new database that has not
been previously registered or previously published but that contains an appreciable
amount of previously published, previously registered, or public domain material,
space 6a should describe such material as “previously published material,”
“public domain data,” or the like.
For a previously published or previously registered database that has been
revised or periodically updated, space 6a should describe the preexisting
material as “previously published database” or “previously
registered database” or“database prior to (earliest date represented
in the present group of updates)”.
Material Added to This Work (space 6b): This space should describe
the updates or revisions or new compilation being registered for the first
time and should specify the frequency of these updates or revisions,
e.g., “weekly updates,” or “daily revisions,” or “revised
compilation updated monthly.” Where all or a portion of the text represents
new copyrightable expression, and it is being published or registered for
the first time, the statement should also include “new text,” “updated
and revised text,” or the like. Space 2 should name the author(s) of
the material listed at space 6b and should describe the nature of authorship
to agree with space 6b.
NOTICE OF COPYRIGHT
Before March 1, 1989, the use of copyright notice was mandatory on all published
works, and any work first published before that date should have carried a
notice. For works first published on and after March 1, 1989, use of the copyright
notice is optional. For more information about copyright notice, see Circular
3, “Copyright Notice.”
POINTS TO REMEMBER
A copyright registration is effective on the date the Copyright Office receives
all the required elements in acceptable form, regardless of the length of
time it takes to process the application and mail the certificate of registration.
The length of time required by the Copyright Office to process an application
varies, depending on the amount of material received and the personnel available
to handle it. It must also be kept in mind that it may take a number of days
for mailed material to reach the Copyright Office and for the certificate
of registration to reach the recipient.
You will not receive an acknowledgment that your application for copyright
registration has been received (the Office receives more than 600,000 applications
annually), but you may expect:
• a letter or telephone call from a copyright examiner if further information
is needed;
• a certificate of registration to indicate the work has been registered,
or if the application cannot be accepted, a letter explaining why it has been
rejected.
If you want to know when the Copyright Office receives your material, send
it by registered or certified mail and request a return receipt.
FOR FURTHER INFORMATION
-
Information via the Internet: Circulars, announcements, regulations,
other related materials, and all copyright application forms are available
on the Copyright Office homepage at www.copyright.gov.
-
Information by fax: Circulars and other information (but not application
forms) are available by using a touchtone phone to access Fax-on-Demand
at (202) 707-2600.
-
Information by telephone: For general information about copyright,
call the Copyright Public Information Office at (202) 707-3000. The
TTY number is (202) 707-6737. Information specialists are on duty
from 8:30 a.m. to 5:00 p.m., eastern time, Monday through Friday, except
federal holidays. Recorded information is available 24 hours a day. Or,
if you know which application forms and circulars you want, request them
from the Forms and Publications Hotline at (202) 707-9100 24 hours
a day. Leave a recorded message.
- Information by regular mail: Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Rev: July 2002
This electronic version has been altered slightly from the original printed
text for presentation on the World Wide Web. For a copy of the original
circular, consult the PDF
version or write to Copyright Office, 101 Independence Avenue S.E., Washington,
D.C. 20559-6000.
