There are several exceptions to this rule. Where certain physically separable elements usually attached to a unit of publication are missing, the copy or phonorecord is complete if:
• The deposit contains all parts of the work claimed on the application;
• The removal of the missing elements did not physically damage the copy or phonorecord or garble its contents; and
• The work is exempt from the mandatory deposit requirements under 17 U.S.C. § 407; or
• The deposit consists entirely of a "container, wrapper, or holder, such as an envelope, sleeve, jacket, slipcase, box, bag, folder, binder, or other receptacle acceptable for deposit...."
37C.F.R.§202.20(b)(2)[ii).
1505.3 Electronic Copies or Phonorecords of Unpublished Works
An electronic copy or phonorecord of an unpublished work is complete if it is submitted in a digital file that contains all of the copyrightable authorship claimed on the application. 37 C.F.R. § 202.20[b)[2](iii)CA).
1505.4 Electronic Copies or Phonorecords of Published Works
If the work is published solely in an electronic format, a copy or phonorecord of that work is complete if it is submitted in a digital file that contains all elements constituting the work in its published form [i.e., the complete work as published), including metadata and authorship for which registration is not sought. 37 C.F.R. § 202.20(b)(2)(iii)(B) ("Publication in an electronic only format requires submission of the digital file[s] in exact first-publication form and content."].
1505.5 Copies or Phonorecords of a Contribution to a Collective Work
As a general rule, a copy or phonorecord of a contribution to a published collective work is complete if the applicant submits one of the following:
• One complete copy of the best edition of the entire published collective work; or
• A photocopy or facsimile copy [i.e., an exact copy equivalent) of the contribution as it was published in the collective work.
If the contribution was published in a newspaper, the copy is complete if the applicant submits one of the following:
• The complete section containing the contribution; or
• The contribution cut out from the newspaper in which it appeared.
Chapter 1500 : 10
12/22/2014
