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5-11
Ch. 5
5.3.1
5.3.1
Part 5.3 QUALITY AND CONTENT OF COPIES
5.3.1
Best Edition.
I.
General requirement. The deposit copies must be "of the best edition thereof then published, ..." (17 U.S.C. § 13). If the copies themselves, or other information at our disposal at the time of registration, indicate that the work is simultaneously published in two or more editions of different quality, we will generally require that the deposit copies be of the best edition.
Examples:
(1)
A deluxe limited edition of a book rather than the regular trade edition.
(2)
A cloth-bound trade edition of the book rather than a paper-bound "pocket" edition.
(3)
An illustrated edition of a book rather than an unillustrated one.
(4)
A printed edition rather than a mimeographed one.
II.
Presumption as to best edition. Where we have no reason to believe otherwise, we will assume that the deposit copies are of the best edition. Thus, mimeographed or typewritten copies will generally be accepted without question, unless we have reason to believe that the work has been published in a better edition. The Examining Division will not write for copies of the best edition after registration is made where, on the basis of the usual examination, it would not have been aware of the fact that a better edition had been published.
III.
Where we are aware of a better edition.
a.
Where two or more editions of different quality are published simultaneously, or where the best edition is published first, we will require deposit of copies of the best edition. The facts given in the application (and affidavit, where required) shall refer to the edition deposited.
