Pt. 202, App. B 1. Visual Quality. The copy should be equivalent to an evaluated first generation copy from an edited master tape and must reproduce a flawless and consistent electronic signal that meets industry standards for television screening. 2. Aural Quality. The sound channels or other portions must reproduce a flawless and consistent electronic signal without any audible defects. (17 U.S.C. 407, 408, 702) [48 FR 37209, Aug. 17, 1983] APPENDIX B TO PART 202-"BEST EDITION" OF PUBLISHED COPYRIGHTED WORKS FOR THE COLLECTIONS OF THE LIBRARY OF CONGRESS The copyright law (title 17, United States Code) requires that copies or phonorecords deposited in the Copyright Office be of the "best edition" of the work. The law states that "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." (For works first published only in a country other than the United States, the law requires the deposit of the best edition as first published.) When two or more editions of the same version of a work have been published, the one of the highest quality is generally considered to be the best edition. In judging quality, the Library of Congress will adhere to the criteria set forth below in all but exceptional circumstances. Where differences between editions represent variations in copyrightable content, each edition is a separate version and "best edition" standards based on such differences do not apply. Each such version is a separate work for the purpose of the copyright law. The criteria to be applied in determining the best edition of each of several types of material are listed below in descending order of importance. In deciding between two editions, a criterion-by-criterion comparison should be made. The edition which first fails to satisfy a criterion is to be considered of inferior quality and will not be an acceptable deposit. Example: If a comparison is made between two hardbound editions of a book, one a trade edition printed on acid-free paper, and the other a specially bound edition printed on average paper, the former will be the best edition because the type of paper is a more important criterion than the binding. Under regulations of the Copyright Office, potential depositors may request authorization to deposit copies or phonorecords of other than the best edition of a specific work (e.g., a microform rather than a 37 CFR Ch. II (7-1-91 Edition) printed edition of a serial), by requesting "special relief" from the deposit requirements. All requests for special relief should be in writing and should state the reason(s) why the applicant cannot send the required deposit and what the applicant wishes to submit instead of the required deposit. I. Printed Textual Matter A. Paper, Binding, and Packaging: 1. Archival-quality rather than less-permanent paper. 2. Hard cover rather than soft cover. 3. Library binding rather than commercial binding. 4. Trade edition rather than book club edition. 5. Sewn rather than glue-only binding. 6. Sewn or glued rather than stapled or spiral-bound. 7. Stapled rather than spiral-bound or plastic-bound. 8. Bound rather than looseleaf, except when future looseleaf insertions are to be issued. In the case of looseleaf materials, this includes the submission of all binders and indexes when they are part of the unit as published and offered for sale or distribution. Additionally, the regular and timely receipt of all appropriate looseleaf updates, supplements, and releases including supplemental binders issued to handle these expanded versions, is part of the requirement to properly maintain these publications. 9. Slip-cased rather than nonslip-cased. 10. With protective folders rather than without (for broadsides). 11. Rolled rather than folded (for broadsides). 12. With protective coatings rather than without (except broadsides, which should not be coated). B. Rarity: 1. Special limited edition having the greatest number of special features. 2. Other limited edition rather than trade edition. 3. Special binding rather than trade binding. C. Illustrations: 1. Illustrated rather than unillustrated. 2. Illustrations in color rather than black and white. D. Special Features: 1. With thumb notches or index tabs rather than without. 2. With aids to use such as overlays and magnifiers rather than without. E. Size: 1. Larger rather than smaller sizes. (Except that large-type editions for the partially-sighted are not required in place of editions employing type of more conventional size.) II. Photographs A. Size and finish, in descending order of 1. The most widely distributed edition. 3. Other size or finish. B. Unmounted rather than mounted. C. Archival-quality rather than less-per- III. Motion Pictures A. Film rather than another medium. 1. Preprint material, by special arrange- 2. Film gauge in which most widely dis- 3. 35 mm rather than 16 mm. 5. Special formats (e.g., 65 mm) only in ex- 6. Open reel rather than cartridge or cas- B. Videotape rather than videodisc. Video- 1. Tape gauge in which most widely dis- 2. Two-inch tape. 3. One-inch tape. 4. Three-quarter-inch tape cassette. IV. Other Graphic Matter A. Paper and Printing: 1. Archival quality rather than less-perma- 2. Color rather than black and white. B. Size and Content: 1. Larger rather than smaller size. 2. In the case of cartographic works, edi- C. Rarity: 1. The most widely distributed edition 2. In the case of a work published only in 3. A photographic reproduction of the 1. Works with annotations, accompanying 1. Bound rather than unbound. 2. If editions have different binding, apply 3. Rolled rather than folded. 4. With protective coatings rather than V. Phonorecords A. Compact digital disc rather than a B. Vinyl disc rather than tape. C. With special enclosures rather than D. Open-reel rather than cartridge. E. Cartridge rather than cassette. F. Quadraphonic rather than stereophon- G. True stereophonic rather than monau- H. Monaural rather than electronically re- VI. Musical Compositions A. Fullness of Score: 1. Vocal music: a. With orchestral accompaniment— i. Full score and parts, if any, rather than ii. Conductor's score and parts, if any, b. Unaccompanied: Open score (each part 2. Instrumental music: a. Full score and parts, if any, rather than b. Conductor's score and parts, if any, B. Printing and Paper: 1. Archival-quality rather than less-per- C. Binding and Packaging: 1. Special limited editions rather than 2. Bound rather than unbound. 3. If editions have different binding, apply 4. With protective folders rather than VII. Microforms A. Related Materials: 1. With indexes, study guides, or other B. Permanence and Appearance: 1. Silver halide rather than any other 2. Positive rather than negative. 3. Color rather than black and white. C. Format (newspapers and newspaper- 1. Reel microfilm rather than any other D. Format (all other materials): 1. Microfiche rather than reel microfilm. 3. Microfilm cassettes rather than micro- E. Size: 1. 35 mm rather than 16 mm. VIII. Machine-Readable Copies A. Computer Programs 1. With documents and other accompany- 2. Not copy-protected rather than copy- 3. Format: a. PC-DOS or MS-DOS (or other IBM (i) 54" Diskette(s). (ii) 31⁄2" Diskette(s). (iii) Optical media, such as CD-ROM- b. Apple Macintosh: (ii) Optical media, such as CD-ROM-best B. Computerized Information Works, In- 1. With documentation and other accom- 2. With best edition of accompanying pro- 3. Not copy-protected rather than copy- 4. Format a. PC-DOS or MS-DOS (or other IBM (i) Optical media, such as CD-ROM-best (ii) 54" Diskette(s). b. Apple Macintosh: (i) Optical media, such as CD-ROM-best (ii) 31⁄2" Diskette(s). IX. Works Existing in More Than One Editions are listed below in descending A. Newspapers, dissertations and theses, 1. Microform. 2. Printed matter. This information is furnished for § 203.2 Authority and functions. (a) The administration of the copy- § 203.3 Organization. (a) In general. The organization of the Register of Copyrights, the Associate Registers, the Assistant Register, the International Copyright Officer, the Executive Officer, and the Administrative Office. The Register of Copyrights provides overall direction of the work of the Copyright Office. The Register is assisted by the Associate Registers of Copyright and other Officers, who have delegated responsibilities for particular aspects of the activities of the Copyright Office. (b) The Associate Register of Copyrights serves as a deputy to the Register of Copyrights and has oversight of the operating divisions of the Copyright Office. The operating divisions are: (1) The Acquisitions and Processing Division, which receives incoming materials, dispatches outgoing materials, establishes control over fiscal accounts and controls over materials acquired for the collections of the Library of Congress under the deposit requirements of the copyright statute. (2) The Examining Division, which examines all applications and material presented to the Copyright Office for registration of original and renewal copyright claims and for recordation of documents, and which determines whether the materials deposited constitute copyrightable subject matter and whether the other legal and formal requirements of Title 17 have been met. (3) The Cataloging Division, which prepares the bibliographic description of all copyrighted works registered in the Copyright Office, including the recording of legal facts of copyright pertaining to each work, and creates a data base from which catalog cards and the Catalog of Copyright Entries are produced. (4) The Information and Reference Division, which provides a national copyright information service through the public information office, educates staff and the public on the copyright law, issues and distributes information materials, responds to reference requests regarding copyright matters, prepares search reports based upon copyright records, certifies copies of legal documents concerned with copyright, and maintains liaison with the United States Customs Service, the Department of the Treasury, and the United States Postal Service on certain matters. (5) The Licensing Division, which implements the sections of the Copyright Act dealing with secondary transmissions of radio and television programs, compulsory licenses for making and distributing phonorecords of nondramatic musical works, public performances through coin-operated phonorecord players, and use of published nondramatic musical, pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. (6) The Records Management Division, which develops, services, stores, and preserves the official records and catalogs of the Copyright Office, including applications for registration, historical records, and materials deposited for copyright registration that are not selected by the Library of Congress for addition to its collections. (c) The Associate Register of Copyrights for Legal Affairs and Copyright General Counsel is the principal legal officer of the Office. The General Counsel has overall supervisory responsibility for the legal st ..ff and primary responsibility for providing liaison on legal matters between the Office and the Congress, the Department of Justice and other agencies of Government, the courts, the legal community, and a wide range of interests affected by the copyright law. (d) The Associate Register of Copyrights for Special Programs is primarily responsible for initiating, planning, developing, and implementing projects and activities covering the broad range of legal, international, and scholarly matters with which the Copyright Office deals. (e) The Office has no field organization. (f) The Office is located in The James Madison Memorial Building of the Library of Congress, 1st and Independence Avenue, SE., Washington, DC 20559. The Public Information Office is located in Room LM-401. Its hours are 8:30 a.m. to 5 p.m., Monday through Friday except legal holidays. The phone number of the Public Information Office is (202) 287-8700. Informational material regarding the copyright law, the registration process, fees, and related information about the Copyright Office and its functions may be obtained free of charge from the Public Information Office upon request. (g) All Copyright Office forms may be obtained free of charge from the Public Information Office. [47 FR 36820, Aug. 24, 1982] PROCEDURES § 203.4 Methods of operation. (a) In accordance with section 552(a)(2) of the Freedom of Information Act, the Copyright Office makes available for public inspection and copying records of copyright registrations and of final refusals to register claims to copyright; statements of policy and interpretations which have been adopted but are not published in the FEDERAL REGISTER; and administrative staff manuals and instructions to the staff that affect a member of the public. (b) The Copyright Office also maintains and makes available for public inspection and copying current indexes providing identifying information as to matters issued, adopted, or promulgated after July 4, 1967, that are within the scope of 5 U.S.C. 552(a)(2). The Copyright Office has determined that publication of these indexes is unnecessary and impractical. Copies of the indexes will be provided to any member of the public upon request at the cost of reproduction. (c) The material and indexes referred to in paragraphs (a) and (b) of this section are available for public inspection and copying at the Public Information Office of the Copyright Office, Room LM-401, The James Madison Memorial Building of the Library of Congress, 1st and Independence Avenue, SE., Washington, DC, between the hours of 8:30 a.m. and 5 p.m., Monday through Friday except legal holidays. (d) The Supervisory Copyright Information Specialist is responsible for responding to all initial requests submitted under the Freedom of Information Act. Individuals desiring to obtain access to Copyright Office information under the Act should make a writ ten request to that effect either by mail to the Supervisory Copyright Information Specialist, Information and Publications Section, Information and Reference Division, Copyright Office, Library of Congress, Washington, DC 20559, or in person between the hours of 8:30 a.m. and 5 p.m. on any working day except legal holidays at Room LM-401, The James Madison Memorial Building, 1st and Independence Avenue, SE., Washington, DC If a request is made by mail, both the request and the envelope carrying it should be plainly marked Freedom of Information Act Request. Failure to so mark a mailed request may delay the Office response. (e) Records must be reasonably described. A request reasonably describes records if it enables the Office to identify the records requested by any process that is not unreasonably burdensome or disruptive of Office operations. The Supervisory Copyright Information Specialist will, upon request, aid members of the public to formulate their requests in such a manner as to enable the Office to respond effectively and reduce search costs for the requester. (f) The Office will respond to all properly marked mailed requests and all personally delivered requests within 10 working days of receipt by the Supervisory Copyright Information Specialist. The Office response will notify the requester whether or not the request will be granted. If the request is denied, the written notification will include the basis for the denial and also include the names of all individuals who participated in the determination and a description of procedures available to appeal the determination. (g) In the event a request is denied and that denial is appealed, the Supervisory Copyright Information Specialist will refer the appeal to the General Counsel. Appeals shall be set forth in writing and addressed to the Supervisory Copyright Information Specialist at the address listed in paragraph (d) of this section. The appeal shall include a statement explaining the basis for the appeal. Determinations of appeals will be set forth in writing and signed by the General Counsel or his |