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U.S. Code as of:
01/19/04
Section 407. Deposit of copies or phonorecords for Library of Congress
(a) Except as provided by subsection (c), and subject to the
provisions of subsection (e), the owner of copyright or of the
exclusive right of publication in a work published in the United
States shall deposit, within three months after the date of such
publication -
(1) two complete copies of the best edition; or
(2) if the work is a sound recording, two complete phonorecords
of the best edition, together with any printed or other visually
perceptible material published with such phonorecords.
Neither the deposit requirements of this subsection nor the
acquisition provisions of subsection (e) are conditions of
copyright protection.
(b) The required copies or phonorecords shall be deposited in the
Copyright Office for the use or disposition of the Library of
Congress. The Register of Copyrights shall, when requested by the
depositor and upon payment of the fee prescribed by section 708,
issue a receipt for the deposit.
(c) The Register of Copyrights may by regulation exempt any
categories of material from the deposit requirements of this
section, or require deposit of only one copy or phonorecord with
respect to any categories. Such regulations shall provide either
for complete exemption from the deposit requirements of this
section, or for alternative forms of deposit aimed at providing a
satisfactory archival record of a work without imposing practical
or financial hardships on the depositor, where the individual
author is the owner of copyright in a pictorial, graphic, or
sculptural work and (i) less than five copies of the work have been
published, or (ii) the work has been published in a limited edition
consisting of numbered copies, the monetary value of which would
make the mandatory deposit of two copies of the best edition of the
work burdensome, unfair, or unreasonable.
(d) At any time after publication of a work as provided by
subsection (a), the Register of Copyrights may make written demand
for the required deposit on any of the persons obligated to make
the deposit under subsection (a). Unless deposit is made within
three months after the demand is received, the person or persons on
whom the demand was made are liable -
(1) to a fine of not more than $250 for each work; and
(2) to pay into a specially designated fund in the Library of
Congress the total retail price of the copies or phonorecords
demanded, or, if no retail price has been fixed, the reasonable
cost to the Library of Congress of acquiring them; and
(3) to pay a fine of $2,500, in addition to any fine or
liability imposed under clauses (1) and (2), if such person
willfully or repeatedly fails or refuses to comply with such a
demand.
(e) With respect to transmission programs that have been fixed
and transmitted to the public in the United States but have not
been published, the Register of Copyrights shall, after consulting
with the Librarian of Congress and other interested organizations
and officials, establish regulations governing the acquisition,
through deposit or otherwise, of copies or phonorecords of such
programs for the collections of the Library of Congress.
(1) The Librarian of Congress shall be permitted, under the
standards and conditions set forth in such regulations, to make a
fixation of a transmission program directly from a transmission
to the public, and to reproduce one copy or phonorecord from such
fixation for archival purposes.
(2) Such regulations shall also provide standards and
procedures by which the Register of Copyrights may make written
demand, upon the owner of the right of transmission in the United
States, for the deposit of a copy or phonorecord of a specific
transmission program. Such deposit may, at the option of the
owner of the right of transmission in the United States, be
accomplished by gift, by loan for purposes of reproduction, or by
sale at a price not to exceed the cost of reproducing and
supplying the copy or phonorecord. The regulations established
under this clause shall provide reasonable periods of not less
than three months for compliance with a demand, and shall allow
for extensions of such periods and adjustments in the scope of
the demand or the methods for fulfilling it, as reasonably
warranted by the circumstances. Willful failure or refusal to
comply with the conditions prescribed by such regulations shall
subject the owner of the right of transmission in the United
States to liability for an amount, not to exceed the cost of
reproducing and supplying the copy or phonorecord in question, to
be paid into a specially designated fund in the Library of
Congress.
(3) Nothing in this subsection shall be construed to require
the making or retention, for purposes of deposit, of any copy or
phonorecord of an unpublished transmission program, the
transmission of which occurs before the receipt of a specific
written demand as provided by clause (2).
(4) No activity undertaken in compliance with regulations
prescribed under clauses (1) or (2) of this subsection shall
result in liability if intended solely to assist in the
acquisition of copies or phonorecords under this subsection.
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