The US’ Copyright Office is adopting an interim regulation governing mandatory deposit of electronic works published in the US and available only online. The regulation establishes that online-only works (those without a physical version) are exempt from mandatory deposit until a demand for deposit of copies or phonorecords of such works is issued by the Copyright Office. It also states that categories of online-only works subject to demand will first be identified in the regulations, and names electronic serials as the first category for which demands will issue.
In addition, the regulation sets forth the process for issuing and responding to a demand for deposit; amends the definition of a ‘complete copy’ of a work for purposes of mandatory deposit of online-only works; and establishes best edition criteria for electronic serials available only online. This interim regulation is effective from February 24, 2010.
Further comment on its implementation will be sought later in 2010.
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