for the Library of Congress

All copyright-protected works published in the United States are subject to the mandatory deposit provision of the copyright law.

It generally requires the submission of two copies of the best edition of a copyrightable work published in the United States to the Copyright Office within three months of publication.

This circular covers

1. General requirements for mandatory deposit
2. Special rules for certain types of works
3. Works exempt from mandatory deposit
4. Submission procedures
5. Penalties
6. Special relief

The Copyright Act establishes two separate deposit requirements.¹ One is the deposit required for registering a work with the Copyright Office. The other is mandatory deposit, which is the required deposit of copies of a published work for use by the Library of Congress.

The mandatory deposit requirement applies to the owner of copyright or of the exclusive right of publication in a work published in the United States, even if it has not been registered. Depending on the type of work, it requires the deposit of one or two complete copies or phonorecords² of the best edition within three months of publication. These copies are deposited in the Copyright Office for the use or disposition of the Library of Congress.

Under copyright law, publication occurs when authorized copies or phonorecords of a work are distributed to the public by sale or other transfer of ownership or by rental, lease, or lending. Offering to distribute authorized copies or phonorecords for purposes of further distribution, public performance, or public display also constitutes publication.

Submitting a published work for the use or disposition of the Library of Congress is not a condition of copyright protection. However, the Register of Copyrights may demand the deposit of the required copies at any time after the work is published in the United States. The mandatory deposit provision ensures that the Library of Congress has an opportunity to obtain copies of every copyrightable work published in the United States for its collections or for exchange with or transfer to any other library.

Mandatory deposit applies only to works published in the United States. It does not apply to unpublished works or works that have not been published in the United States. For foreign works later published in the United States, the Library will accept one copy of the work, which is often provided with a registration application prior to a work's publication in the United States.

Certain types of works are exempt from the mandatory deposit requirement, as further described below. This includes works published solely online, unless the Office has issued a demand, and certain works that fall outside the collecting priorities of the Library of Congress.

A copyright owner can register their work and meet the mandatory deposit requirement at the same time by submitting the required copies with their application. Alternatively, the owner can submit the required copies to the Copyright Office without seeking a registration.

Best edition of a work

The best edition of a work is “the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.” The Best Edition Statement in Best Edition of Published Copyrighted Works for the Collections of the Library of Congress (Circular 7B) (PDF, 121 KB) lists the criteria, in descending order of preference, the Copyright Office uses to determine the best edition of a work. The best edition generally will be the highest-quality published edition. To determine which edition of a work constitutes the best edition, consult the criteria for the appropriate format in the Best Edition Statement. If you cannot determine which published edition constitutes the best edition, contact the Acquisitions & Deposits division at ad@copyright.gov or 202-707-7125.

If two or more editions of the same version of a work were published in the United States before the date of deposit, the owner is responsible for determining which edition constitutes the best edition. If the Copyright Office determines that an edition better than the one submitted exists on the date of deposit, it may demand that edition on behalf of the Library.

Complete copy

According to the Copyright Office’s regulations, a copy is considered complete for the purposes of mandatory deposit if it contains “all elements comprising the unit of publication of the best edition of the work, including elements that, if considered separately, would not be copyrightable subject matter or would otherwise be exempt from mandatory deposit requirements.” The Office’s regulations provide additional requirements regarding the complete copy of the following types of works.

Sound recordings

A phonorecord of a sound recording published in the United States is considered complete if, in addition to the phonorecord, it includes any printed or other visually perceptible material published with the phonorecord. This material includes record sleeves, album covers, leaflets, and booklets, if any.

Musical compositions

When a musical composition is published in the United States solely through rental, lease, or lending of a full score and parts or a conductor’s score and parts, the complete copy is the relevant score that was distributed or offered for distribution in the United States.

Motion pictures

A copy of a motion picture published in the United States is considered complete when the reproduction of all visual and aural elements is clean, undamaged, undeteriorated, and free of splices.

In addition, the physical copy and its housing should be free of any defects that would interfere with playback or would cause distortion of the work.

Electronic works

A copy of an electronic work available only online is considered complete if it includes all elements constituting the work in its published form, including metadata and formatting codes that were published with the work, if any.

Number of copies and nature of deposit

If a work is subject to the mandatory deposit requirement, the owner generally must deposit two complete copies or phonorecords of the best edition of the work. There are, however, special instructions for the deposit of the following types of works.

Three-dimensional cartographic works

An owner of a published three-dimensional cartographic work, such as a globe or relief model, may submit one complete copy of the best edition of the work.

Motion pictures

The deposit of a published motion picture may consist of one complete copy of the work with a separate description of its contents, such as a continuity, pressbook, or synopsis.

Holograms

Published works deposited in the form of a hologram must include two sets of precise instructions for displaying the image fixed in the hologram and two sets of identifying material clearly showing the displayed image.

Works of visual art in a limited edition

Ordinarily, owners must deposit two complete copies of a published pictorial or graphic work. However, when an individual author is the owner of the copyright in a published pictorial or graphic work, the deposit may consist of either one complete copy of the work or identifying material (such as a photograph of the work) if fewer than five copies have been published or if the work has been sold or offered in a limited edition consisting of 300 or fewer numbered copies.

Musical compositions

An owner of a musical composition published in the United States solely in copies, or in both copies and phonorecords, may submit one complete copy of the best edition of the relevant score.

Multimedia kits

An owner of a published multimedia kit that includes literary works, audiovisual works, sound recordings, or any combination of such works may submit one complete copy of the best edition of the work.

Computer programs and information works

An owner of a computer program or computerized information work—such as statistical compendia, serials, or reference works—that is not copy-protected may submit one complete copy of the best edition of the work. If the work is copy-protected, the owner must submit two copies of the work.

Architectural works

For a published architectural work, the required deposit consists of presentation drawings in their most finished form in materials in this descending order of preference: original format, or best quality form of reproduction, including offset or silk screen printing; xerographic or photographic copies on good quality paper; positive photostat or photodirect positive; blue line copies (diazo or ozalid process). The deposit for an architectural work should disclose the name of the architect, draftsperson, and the building site. If photographs are submitted, they should be 8 × 10 inches and should clearly show several exterior and interior views.

Literary monographs

An owner of a work published as a literary monograph—a literary work published in one volume or a finite number of volumes—may submit one complete copy of the best edition of the work unless a second copy is demanded by the Copyright Office. This type of work includes fiction, nonfiction, poetry, short stories, memoirs, textbooks, and other types of nondramatic literary works.

Works exempt from mandatory deposit

The mandatory deposit requirement applies only to works published in the United States. Accordingly, unpublished works and works that are published solely outside the United States are not subject to this requirement. A work first published abroad becomes subject to mandatory deposit once it is published or distributed in the United States by sale or for further distribution. Although two copies may be required, the Library accepts one complete copy of the best edition published in the United States or the foreign edition for works first published abroad.

In addition, Copyright Office regulations exempt certain types of material from mandatory deposit because they are not selected for the Library of Congress collections or for use in national library programs. Works that are published only online are exempt from mandatory deposit, although the Copyright Office reserves the right to demand electronic-only books and serials.

Types of works exempt from mandatory deposit

1. Tests and answer material published separately from other works
2. Individually published speeches, sermons, lectures, and addresses
3. Works originally published as part of a collective work (although the collective work itself may be subject to mandatory deposit)
4. Literary, dramatic, and musical works published only in phonorecords (although the recording itself may be subject to mandatory deposit)
5. Motion picture soundtracks (although the motion picture itself may be subject to mandatory deposit)
6. Television transmission programs published solely through a license or grant to a nonprofit institution to make a fixation of that program directly from a transmission to the public
7. Scientific or technical diagrams, models, plans, or designs
8. Greeting cards, picture postcards, and stationery
9. Advertising materials, including catalogs

10. Three-dimensional sculptural works

11. Jewelry

12. Dolls, toys, and games
13. Plaques
14. Floor coverings, wallpaper and similar commercial wall coverings, and textiles and other fabrics
15. Packaging materials
16. Useful articles
17. Online-only electronic works, with the exception of electronic-only books and serials that have been demanded by the Copyright Office.

NOTE: A work exempt from mandatory deposit is not exempt from the deposit requirements for copyright registration. Books and serials that are published in the United States in both physical and electronic form are subject to mandatory deposit on the same basis as those published in physical form.

Submitting a Mandatory Deposit

You can satisfy the mandatory deposit requirement by submitting the required copies. How you submit copies depends on whether you register your work at the same time, have received a demand letter, and if the deposit is a print serial. Upon deposit in the Copyright Office, all copies and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the U.S. government.

With a registration application

Registration deposit and mandatory deposit requirements are separate, but a single submission can satisfy both. A copyright owner can register their work and meet the mandatory deposit requirement at the same time by submitting the required copies of the best edition with a registration application. For information about applying for copyright registration, see Copyright Registration (Circular 2) (PDF, 98KB). For information about the additional legal benefits provided by copyright registration, see Copyright Basics (Circular 1) (PDF, 109KB).

If the owner completes registration without depositing the best edition of the work or under a grant of special relief from the registration deposit requirements, the owner should separately submit the required copies of the best edition to satisfy mandatory deposit to the address below.

NOTE: When using an online application to register a work published solely in physical form or in both physical and electronic form, you must generally send in the required number of physical copies for deposit without using the electronic upload option. See chapter 1500, section 1507.2, of the Compendium for more details on when to use the electronic upload option.

Without Registration

You can submit the required deposit to the Copyright Office without seeking a registration or, following an application that did not include the required copies, by mailing the deposit to

Library of Congress

Copyright Office

Attn: 407 Deposits

101 Independence Avenue SE

Washington, DC 20559-6600

In response to a demand

If you receive a written demand from the Copyright Office for a work subject to mandatory deposit, you must respond within three months after the demand is received by submitting the required number of copies of the best edition. When registration is not sought, send the deposits to the Acquisitions & Deposits division:

Library of Congress

Copyright Office—A&D/AD

101 Independence Avenue SE

Washington, DC 20559-6601

If you choose to respond to the demand by registering your work at the same time, and you use the online application, attach the demand notice to the top of the deposit and shipping slip before sending the deposits to the address on the shipping slip. If you complete a paper application, attach the demand notice and registration materials to the required deposit, placing the demand notice on top and send the items to the above address. For additional details see Responding to a Demand for Mandatory Deposit if You Choose to Register Your Work (Circular 7C) (PDF, 80KB).

Print serials

Each issue of a serial is considered a separate work that may be subject to the mandatory deposit requirement. To avoid receiving a written demand from the Copyright Office, establish two complimentary subscriptions for the Library of Congress. This process is separate from registration.

Before initiating subscriptions, contact A&D in writing to confirm that subscription copies will be provided. The message should include the name of the publisher, the title of the serial, the ISSN number that has been assigned to the serial (if any), and the issue date and numerical or chronological designations that will appear on the first issue that will be provided under the subscription. You may submit this information in the serials subscription inquiry form or in an email to ad@copyright.gov. A&D will notify you in writing if the Library declines to receive the subscription. Send subscriptions not being registered to

Library of Congress

Copyright Office—A&D/SER

101 Independence Avenue SE

Washington, DC 20559-6602

Although Library of Congress collections are comprehensive, the Library does not retain every serial title. If A&D notifies a publisher in writing that a particular title has not been selected for the Library's collections, that title is considered exempt from the mandatory deposit requirements of section 407. Such notifications are limited to the specific title(s) listed in the notification and do not apply to other titles distributed by the same publisher. Direct any further questions to ad@copyright.gov or 202-707-7125.

Penalties for failure to deposit

The law envisions that copyright owners and publishers will generally comply with the mandatory deposit requirement. However, at any time after publication, the Office may send a written demand to the owner of copyright or of the exclusive right of publication in a work for the required deposit.

Failure to comply with the deposit requirement within three months of receipt of a demand may subject the owner obligated to make the deposit to the following penalties:

1. a fine of not more than $250 for each work;
2. the total retail price of the work demanded or, in the absence of a retail price, the reasonable cost of acquiring the work; and
3. for willful or repeated failure to comply with the Office's demand(s), a fine of $2,500.

Special relief

Under certain circumstances, the Copyright Office may grant a request for special relief from the mandatory deposit requirements for a published work that is not otherwise exempt from mandatory deposit. Decisions on granting special relief will be made by the Register of Copyrights, in consultation with appropriate Library officials, based on the Library's acquisition policies. Requests must be made in writing and set forth specific reasons why special relief should be granted, including undue burden or other hardships that may occur if the deposit requirement is not altered or waived. Requests must be signed by, or on behalf of, the owner of copyright or the owner of the exclusive right of publication in the work.

Address requests for special relief to

Associate Register of Copyrights and Director of Registration Policy and Practice

U.S. Copyright Office

P.O. Box 70400

Washington, DC 20024-0440

The Register of Copyrights may terminate any ongoing or continuous grant of special relief after consulting with other appropriate officials at the Library of Congress. The owner who requested special relief will be notified of the termination in writing, and the effective date of termination will take effect at least thirty days after the notice is mailed. For more information about special relief, see chapter 1500, section 1511.9, of the Compendium.

Unpublished transmission programs deposit

Although mandatory deposit does not apply to unpublished works, a related provision allows the Copyright Office to issue a written demand for a copy or phonorecord of an unpublished audio or audiovisual transmission program made over the internet or by a cable, broadcasting, or satellite system or by other means. The owner of the transmission right may comply by transferring a copy to the Library, lending a copy for the Library to copy, or selling a copy to the Library for the cost of reproduction. If the owner responds that the demanded transmission program is published, the Office may convert the demand for the copy to a demand for mandatory deposit.

For more information, see section 202.22(d) of the Copyright Office's regulations.

NOTES

1. This circular is intended as an overview of the basic concepts of mandatory deposit. The authoritative source for U.S. copyright law is Title 17 of the United States Code, which includes the Copyright Act of 1976 and all subsequent amendments to copyright law. Copyright Office regulations are codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and procedures are summarized in the Compendium of U.S. Copyright Office Practices, Third Edition. The copyright law, regulations, and the Compendium are available on the Copyright Office website at copyright.gov.

2. A phonorecord is a material object in which sounds are fixed and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Examples include a cassette tape, a vinyl disc, or a compact disc. A phonorecord does not include sounds accompanying a motion picture or other audiovisual work.

For further information

By internet

The copyright law, the Compendium, electronic registration, application forms, regulations, and related materials are available on the Copyright Office website at copyright.gov.

By email

To send an email inquiry, Contact Us on the Copyright Office website.

By telephone

For general information, call the Copyright Public Information Office at 202-707-3000 or 877-476-0778 (toll-free). Staff members are on duty from 8:30 a.m. to 5:00 p.m., eastern time, Monday through Friday, except federal holidays.

By regular mail

Write to

Library of Congress

U.S. Copyright Office

Public Information Division

101 Independence Avenue SE #6303

Washington, DC 20559-6303

U.S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov