[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR202 App A]

[Page 585-586]

              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS

                                CONGRESS

PART 202_PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT--Table of Contents

   Sec. Appendix A to Part 202--Technical Guidelines Regarding Sound
                           Physical Condition

    To be considered a copy ``of sound physical condition'' within the
meaning of 37 CFR 202.22(d)(5), a copy shall conform to all the
technical guidelines set out in this Appendix.
    A. Physical Condition. All portions of the copy that reproduce the
transmission program must be:
    1. Clean: Free from dirt, marks, spots, fungus, or other smudges,
blotches, blemishes, or distortions;
    2. Undamaged: Free from burns, blisters, tears, cuts, scratches,
breaks, erasure, or other physical damage. The copies must also be free
from:
    (i) Any damage that interferes with performance from the tape or
other reproduction, including physical damage resulting from earlier
mechanical difficulties such as cassette jamming, breaks, tangles, or
tape overflow; and
    (ii) Any erasures, damage causing visual or audible defects or
distortions or any material remaining from incomplete erasure of
previously recorded works.
    3. Unspliced: Free from splices in any part of the copy reproducing
the transmission program, regardless of whether the splice involves the
addition or deletion of material or is intended to repair a break or
cut.
    4. Undeteriorated: Free from any visual or aural deterioration
resulting from aging or exposure to climatic, atmospheric, or other
chemical or physical conditions, including heat, cold, humidity,
electromagnetic fields, or radiation. The copy shall also be free from
excessive brittleness or stretching, from any visible flaking of oxide
from the tape base or other medium, and from other visible signs of
physical deterioration or excessive wear.
    B. Physical Appurtenances of Deposit Copy.
    1. Physical Housing of Video Tape Copy. (a) In the case of video
tape reproduced for reel-to-reel performance, the deposit copy shall
consist of reels of uniform size and length. The length of the reels
will depend on both the size of the tape and its running time (the

[[Page 586]]

last reel may be shorter). (b) In the case of video tape reproduced for
cassette, cartridge, or similar performance, the tape drive mechanism
shall be fully operable and free from any mechanical defects.
    2. ``Leader'' or Equivalent. The copy, whether housed in reels,
cassettes, or cartridges, shall have a leader segment both preceding the
beginning and following the end of the recording.
    C. Visual and Aural Quality of Copy:
    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, as amended at 60 FR 34168, June 30, 1995]