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From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Thu, 20 Dec 2012 21:15:42 -0500
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From: Sally Morris <[log in to unmask]>
Date: Thu, 20 Dec 2012 12:09:17 +0000

Interestingly, the LoC's deposit requirement also applies to books published
outside the US, if the publisher distributes them in the US...

This has been contested, but unsuccessfully (UK publishers, for example,
already have to deposit multiple copies in the UK)

Sally Morris
South House, The Street, Clapham, Worthing, West Sussex, UK
Email:  [log in to unmask]

-----Original Message-----
From: Sandy Thatcher <[log in to unmask]>
Date: Tue, 18 Dec 2012 23:03:18 -0600

I daresay that every major trade publishing house registers all of its
books. It would be silly for them not to do so.

Deposit is mandatory, in any case, while registration is voluntary.
This is what the Copyright Office says:

> What is the difference between mandatory deposit and copyright
registration?
> Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright
or the exclusive right of distribution to deposit in the Copyright Office
for the use of the Library of Congress two complete copies of the best
edition within 3 months after a work is published. Section 408 of the
copyright law, for a fee, provides the option to formally register the work
with the U.S. Copyright Office. This registration process provides a legal
record of copyright ownership as well as additional legal benefits in cases
of infringement. Optional registration fulfills mandatory deposit
requirements.
>

What is happening now, though, with the tremendous growth of
self-publishing, which often includes no print copy at all, is that indeed
no registration is taking place, no deposit copies are sent to the LC, and
no preservation process for such books is being carried out by anyone, not
even the LC.

Sandy Thatcher


At 8:21 PM -0500 12/18/12, LIBLICENSE wrote:

> From: Winston Tabb <[log in to unmask]>
> Date: Tue, 18 Dec 2012 04:39:03 +0000
>
> Copyright registration (and deposit) is not required in order to
> secure copyright. Therefore many works are never deposited.
>
> Furthermore, LC has never treated copyright deposit copies as
> "preservation" copies to be kept as a "dark archive."So some copyright
> deposit copies have, over time, been lost or damaged.
>
> Winston Tabb
>
> ----- Original Message -----
> From: Sandy Thatcher <[log in to unmask]>
> Date: Sun, 16 Dec 2012 22:31:13 -0600
>
> But, as required by the copyright registration process, all those
> trade publishers send at least two copies to the Library of Congress.
> Doesn't the LC have a preservation policy?
>
> Sandy Thatcher
>
> P.S. University presses, in addition, usually have deposit at least
> one copy of every book they publish with their own university's
> library.

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