Circular 65
Copyright Registration for Automated Databases
DEFINITION
An automated database is a body of facts, data, or other information
assembled into an organized format suitable for use in a computer
and comprising one or more files.
The copyright law does not specifically enumerate databases as copyrightable
subject matter but the legislative history indicates that Congress
considered computer databases and compilations of data as "literary
works" subject to copyright protection. Databases may be considered
copyrightable as a form of compilation, which is defined in the law
as a work "formed by the collection and assembling of preexisting
materials or of data that are selected, coordinated, or arranged in
such a way that the resulting work as a whole constitutes an original
work of authorship."
EXTENT OF COPYRIGHT PROTECTION
Copyright protection extends to the compilation of facts if the
compilation represents original authorship. In some instances some
or all of the contents of a database, new or revised, may also be
copyrightable, as in the case of a full-text bibliographic database.
Copyright protection is not available for:
* ideas, methods, systems, concepts, and layouts;
* individual words and short phrases, individual unadorned facts;
and
* the selection and ordering of data in a database where the collection
and arrangement of the material is a mechanical task only, and represents
no original authorship; e.g., merely transferring data from hard copy
to computer storage.
COPYRIGHT REGISTRATION
Copyright registration is a legal formality intended to make a
public record of the basic facts of a particular copyright. In general,
registration is not a condition of copyright protection. However,
the copyright law encourages registration by providing certain incentives
to register. For more information see Circular 1.
WHAT CONSTITUTES PUBLICATION
OF A DATABASE?
The copyright law defines publication as "the distribution
of copies or phonorecords of a work to the public by sale or other
transfer of ownership, or by rental, lease, or lending. The offering
to distribute copies or phonorecords to a group of persons for purposes
of further distribution, public performance, or public display, constitutes
publication." It is unclear whether on-line availability with
or without printers for the user constitutes publication of the work
under the copyright law. The Copyright Office does not determine whether
a particular database is published or not. Instead, that decision
is made by the copyright owner.
REGISTRATION FOR AUTOMATED DATABASES
Using a single application, deposit, and filing fee, automated
databases may be registered in either of two ways:
(1) As a single basic registration covering the database as published
on a given date or, if unpublished, as created on a given date; or
(2) As a group registration for a database with its updates or revisions
(or for only its updates/revisions) added over a period of time, whether
or not they are published, but only if certain conditions are met.
(See Section titled "Group Registration for Automated Database
Updates/Revisions" on page 5.)
1. Single Basic Registration
For a published database, a single basic registration ordinarily
is made for the initial database as first published on a given date.
For infrequent updates that are all added to the database and published
on a single date (e. g., quarterly updates published on one day),
a single basic registration is appropriate.
For an unpublished database created over a period of more
than one day and not yet containing any updates, a single basic
registration is appropriate. Similarly, when a previously completed
database is later revised or updated on a single date (e.g.,
quarterly updates all added on one day), a basic registration is appropriate.
2. Group Registration
A group registration must include updates or revisions, either
alone or combined with the initial database.
For a published database, it is possible to make a group registration
for only the updates/revisions published over a period of up to 3
months, regardless of whether a prior registration for the initial
database was ever made. It is also possible for the first registration
to be a group registration for the initial database as first published
plus its updates/revisions, but only if all the material was published
within the same 3-month period within the same calendar year.
An unpublished updated database may be registered under the
group registration provisions if its updates were created over a span
of more than one day.
BASIC REGISTRATION (NONGROUP)
Scope of Claim
Registration for a published database extends only to the material
first published as a unit, i.e., that which is published on the date
given in the application as the "date of publication." Registration
for an unpublished database extends to the database as it exists
at the time it is submitted for registration.
What to Send
* A completed Form TX
* A $20.001 nonrefundable filing fee payable to the Register of Copyrights
* Appropriate deposit (See below.)
Completing Form TX
Complete all applicable spaces on the form, and please note the
following information when completing spaces 2, 3, and 6.
Basis of Claim
Where all of the material in a database has been previously published,
previously registered, or is in the public domain, the claim must
be limited to "compilation" assuming the requisites of original
selection, coordination, or arrangement are present. Where all, or
a substantial portion, of the material in the database represents
copyrightable expression and it is being published or registered for
the first time, the claim could also extend to "text," "revised
text," "additional text," or the like.
Space 2. In the "nature of authorship" space identify the
copyrightable authorship in the database for which registration is
sought, for example "compilation" or "compilation and
text." (Do not include any reference to design, physical form,
features, hardware, or other uncopyrightable elements.)
Space 3. The date of creation space must be completed. Indicate
the year in which the author completed the particular version for
which registration is now sought, even if other versions exist or
if further changes or additions are planned. The publication space
should be completed only if the database has been published.
Space 6. Complete this space if the database contains a substantial
amount of previously published, previously registered, or public domain
material. Leave space 6 blank if the material contained in the database
is entirely new and has never before been registered or published.
EXAMPLES: For a database containing only previously published information,
space 6 could be completed as follows:
Space 6a: "previously published material"
Space 6b: "compilation of database material"
For a database containing both previously published and new original
textual material, space 6 could be completed as follows:
Space 6a: "previously published text"
Space 6b: "compilation of database material and some new text"
For a previously registered database that is revised or updated, space
6 could be completed as follows:
Space 6a: "previously registered database"
Space 6b: "revised compilation"
Or, if there is also copyrightable new or revised text, space 6b could
read: "Revised compilation; some new text" (or "some
revised text").
Deposit Requirements‹General
For databases fixed and/or published only in machine-readable copies
(other than CD-ROM format), the deposit requirements are the same
for published and unpublished databases except that if the database
is published, the deposit should also include a representation of
or the page containing the copyright notice, if any.
The deposit for published and unpublished databases should consist
of one copy of identifying portions of the work reproduced in a form
visually perceptible without the aid of a machine or device, either
on paper or in microform.
For automated databases fixed or published in a CD-ROM format, the
deposit must consist of one complete copy of the entire CD-ROM package,
including a complete copy of any accompanying operating software and
instructional manual, and a printed version of the work embodied in
the CD-ROM if the work is fixed in print as well as a CD-ROM. See
37 CFR 202.20(c)(2)(xvii) or contact the Copyright Office at (202)
707-3000 for further information.
Specific Deposit Requirements
Single-file Database (data records pertaining to a single common
subject matter):
* First and last 25 pages or, under a grant of special relief, first
and last 25 data records. (See "Special Relief and Trade Secrets"
below for procedure to use in requesting special relief.)
Multiple-file Database (separate and distinct groups
of data records):
* 50 data records from each file, or the entire file, whichever is
less; or
* 50 pages or data records total under a grant of special relief.
(See "Special Relief and Trade Secrets" below for procedure
to use in requesting special relief.)
Revised Database (single or multiple-file):
* 50 pages or records showing the revisions, or the entire revised
portions if less than 50 pages.
NOTE: For multiple-file databases (new
or revised), the deposit must also include a descriptive statement
containing: title of the database; name and address of copyright claimant;
name and content of each separate file within the database, including
subject matter, origin of data and number of separate records within
each file. For published multiple-file databases, also include a description
of the exact contents of any machine-readable copyright notice used
in or with the database (plus manner and frequency of display); and
sample of any visually perceptible copyright notice affixed to the
copies or container.
Special Deposit for Encoded Databases
Database deposits should be humanly intelligible, preferably printouts
written in a natural language. If the deposit is encoded, it should
include a key or explanation of the code so that a copyright examiner
can determine the presence of copyrightable material.
Special Relief and Trade Secrets
When an applicant is unable to deposit the appropriate material
or when a database contains trade secrets that the applicant is unwilling
to disclose through deposit for registration, the Copyright Office
is willing to consider special relief requests, permitting the deposit
of less than or other than the required deposit. Special relief requests
are granted or denied by the Chief, Examining Division, upon receipt
of the applicant's written request, setting forth specific reasons
why the request should be granted and indicating what deposit the
applicant is able to make.
GROUP REGISTRATION FOR AUTOMATED DATABASE UPDATES/REVISIONS
Group registration is possible only if ALL of the following
conditions are met:
1. All of the updates or revisions must be fixed (if unpublished)
or published only in machine-readable copy(ies).
2. All of the updates or revisions were created (if unpublished)
or were first published within a 3-month period, all within the same
calendar year.
3. All of the updates or revisions are owned by the same copyright
claimant.
4. All of the updates or revisions have the same general title.
5. All of the updates or revisions are similar in their general content,
including their subject.
6. All of the updates or revisions are similar in their organization.
7. The updates or revisions, if published before March 1,1989, bear
a copyright notice naming the owner of the copyright, and that name
is the same in each notice.
Scope of Claim
Group registration for database updates/revisions or for a database
plus its updates/revisions extends to all of the material that was
created (if unpublished) or that was first published within the time
period (up to 3 months) specified at space 1 of the application.
How to Register
To make a single group registration for an automated database
and/or its copyrightable updates/revisions added during a given 3-month
period, send the following three items together in the same envelope
or package addressed to Register of Copyrights, Library of Congress,
Washington, D.C. 20559:
* A $20.001 nonrefundable filing fee payable to Register of Copyrights;
* A deposit representative of the updates/revisions being registered;
* A Form TX completed according to the instructions below.
Deposit Requirements for Group Registration
The deposit requirements, whether single or multiple file,
consist of the following:
1. Visually perceptible identifying material com- prised of:
* 50 pages or records (whichever is less) marked to disclose copyrightable
revisions/updates from one representative publication date (if published)
or one representative creation date (if unpublished);
OR
* 50 pages or records (whichever is less) comprised entirely of revisions/updates
from one representative publication date (if published) or one representative
creation date (if unpublished); please confirm in a cover letter that
the entire unmarked deposit represents revisions/updates added to
the database on the representative date;
AND
2. Descriptive Statement: a brief, typed or printed statement
giving the following information:
* the title of the database;
* the name and address of the copyright claimant;
* for each separate file in a multiple-file database, its name
and content, including its subject, origin(s) of the
data, and approximate number of data records it contains;
* information about the nature, location, and fre- quency of the
changes within the database or (for multiple-file databases) within
the separate data files; and
**NOTE: It is not necessary to identify ALL revisions/updates. The
requirement is to identify sufficient revisions/updates to establish
that the work submitted for registration is an original work of authorship.
* information about the copyright notice, if one is used, as
follows:
For a machine-readable notice, transcribe the contents
of the notice and indicate the manner and frequency with which it
is displayed (e.g., at user's terminal only at sign on, or continuously
on terminal display, or on printouts, etc.).
For a visually perceptible notice on any copies of the
work (or on tape reels or containers for same), include a photocopy
or other sample of the notice.
How to Complete Form TX
for Group Registration of Database Updates
(Supersedes existing instructions for Spaces 1, 3, and 6 of Form TX;
complete all other applicable spaces on Form TX according to the instructions
on the form.)
Space 1: Title
At the "Title of thIs Work" line, use the following
statement: Group registration for automated database titled
___; published/unpublished (choose one) updates from to
* Indicate published or unpublished. All of the updates or revisions
being registered as a group must be either published or unpublished.
* Give the earliest and latest dates for updates included in this
group registration. This time period must be 3 months or less, all
within the same calendar year.
Use the "Publication as a Contribution" line of space
1 to give the following information: Give the date (month,
day, year) that is represented by the marked portions of identifying
material deposited. Indicate the frequency with which revisions
are made: e.g., daily, weekly, monthly, or other (specify).
Space 3 Creation and Publication
Date of Creation: Give the year in which the author completed
this group of updates or revisions.
Creation: Under the statute, a work is "created" when it
is fixed in a copy or phonorecord for the first time. Where a work
has been prepared over a period of time, the part of the work existing
in fixed form on a particular date constitutes the created work on
that date. The date you give here should be the year in which the
author completed the particular version for which registration is
now being sought, even if other versions exist or if further changes
or additions are planned.
Date of Publication: Give the date (month, day, year) and nation of
publication only if the updates or revisions have been published.
The date you give should be the last date on which you published updates
or revisions during the time period specified at space 1.
Space 6: Derivative Work or Compilation
Leave space 6 blank if the material contained in the version of
the database or its updates now being registered is entirely new and
never before registered or published.
Complete this space if the updates or the database and its updates
that are now being registered contain a substantial amount of previously
published, previously registered, or public domain material.
Preexisting Material (space 6a): For a new database that has not been
previously registered or previously published but that contains an
appreciable amount of previously published, previously registered,
or public domain material, space 6a should describe such material
as "previously published material," "public domain
data," or the like.
For a previously published or previously registered database that
has been revised or periodically updated, space 6a should describe
the preexisting material as "previously published database"
or "previously registered database" or "database prior
to (earliest date represented in the present group of updates)".
Material Added to This Work (space 6b): This space should describe
the updates or revisions or new compilation being registered for the
first time and should specify the frequency of these updates
or revisions, e.g., "Weekly updates," or "daily revisions,"
or "revised compilation updated monthly." Where all or a
portion of the text represents new copyrightable expression, and it
is being published or registered for the first time, the statement
should also include "new text," "updated and revised
text," or the like. Space 2 should name the author(s) of the
material listed at space 6b and should describe the nature of authorship
to agree with space 6b.
NOTICE OF COPYRIGHT
For works first published on or after March 1, 1989, use of the copyright
notice is optional, though highly recommended. Before March 1, 1989,
use of the notice was mandatory on all published works, and any work
first published before that date must bear a notice or risk
loss of copyright protection.
(The Copyright Office does not take a position on whether works first
published with notice before March 1, 1989, and reprinted and distributed
on and after March 1, 1989, must bear the copyright notice.)
Use of the notice is recommended because it informs the public that
the work is protected by copyright, identifies the copyright owner,
and shows the year of first publication. Furthermore, in the event
that a work is infringed, if the work carries a proper notice, the
court will not allow a defendant to claim "innocent infringement,"
that is, that he or she did not realize that the work was protected.
(A successful innocent infringement claim may result in a reduction
in damages that the copyright owner would otherwise receive.)
The use of the copyright notice is the responsibility of the copyright
owner and does not require permission from, or registration with,
the Copyright Office.
POINTS TO REMEMBER
A copyright registration is effective on the date of receipt in
the Copyright Office of all the required elements in acceptable form,
regardless of the length of time it takes to process the application
and mail the certificate of registration. The length of time required
by the Copyright Office to process an application varies, depending
on the amount of material received and the personnel available to
handle it. It must also be kept in mind that it may take a number
of days for mailed material to reach the Copyright Office and for
the certificate of registration to reach the recipient.
You will not receive an acknowledgement that your application for
copyright registration has been received (the Office receives more
than 650,000 applications annually), but you may expect:
* A letter or telephone call from a copyright examiner if further
information is needed;
* A certificate of registration to indicate the work has been registered,
or if the application cannot be accepted, a letter explaining why
it has been rejected.
If you want to know when the Copyright Office receives your material,
send it by registered or certified mail and request a return receipt.
FOR MORE INFORMATION
If you have questions and wish to talk to an information specialist,
call 202-707-3000. To order forms, write to the Publications Section,
LM-455, Copyright Office, Library of Congress, Washington, D.C. 20559
or call 202-707-9100, the Forms and Publications Hotline.
Copyright Office * Library of Congress
* Washington, D.C. 20559-6000
Revised September 1995
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