[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 B]

[Page 586-588]

              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS

                                CONGRESS

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

 Sec. 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
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.

[[Page 587]]

    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 preference:
    1. The most widely distributed edition.
    2. 8x10-inch glossy print.
    3. Other size or finish.
    B. Unmounted rather than mounted.
    C. Archival-quality rather than less-permanent paper stock or
printing process.

                          III. Motion Pictures

    Film medium is considered a better quality than any other medium.
The formats under ``film'' and ``video formats'' are listed in
descending order of preference:
    A. Film
    1. Preprint material, by special arrangement
    2. 70 mm positive print, if original production negative is greater
than 35 mm
    3. 35 mm positive prints
    4. 16 mm positive prints
    B. Video Formats
    1. Betacam SP
    2. Digital Beta (Digibeta)
    3. DVD
    4. VHS Cassette

                        IV. Other Graphic Matter

    A. Paper and Printing:
    1. Archival quality rather than less-permanent paper.
    2. Color rather than black and white.
    B. Size and Content:
    1. Larger rather than smaller size.
    2. In the case of cartographic works, editions with the greatest
amount of information rather than those with less detail.
    C. Rarity:
    1. The most widely distributed edition rather than one of limited
distribution.
    2. In the case of a work published only in a limited, numbered
edition, one copy outside the numbered series but otherwise identical.
    3. A photographic reproduction of the original, by special
arrangement only.
    D. Text and Other Materials:
    1. Works with annotations, accompanying tabular or textual matter,
or other interpretative aids rather than those without them.
    E. Binding and Packaging:
    1. Bound rather than unbound.
    2. If editions have different binding, apply the criteria in I.A.2-
I.A.7, above.
    3. Rolled rather than folded.
    4. With protective coatings rather than without.

                             V. Phonorecords

    A. Compact digital disc rather than a vinyl disc.
    B. Vinyl disc rather than tape.
    C. With special enclosures rather than without.
    D. Open-reel rather than cartridge.
    E. Cartridge rather than cassette.
    F. Quadraphonic rather than stereophonic.
    G. True stereophonic rather than monaural.
    H. Monaural rather than electronically rechanneled stereo.

                        VI. Musical Compositions

    A. Fullness of Score:
    1. Vocal music:
    a. With orchestral accompaniment--
    i. Full score and parts, if any, rather than conductor's score and
parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to full score only.)
    ii. Conductor's score and parts, if any, rather than condensed score
and parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to conductor's score
only.)
    b. Unaccompanied: Open score (each part on separate staff) rather
than closed score (all parts condensed to two staves).
    2. Instrumental music:
    a. Full score and parts, if any, rather than conductor's score and
parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to full score only.)
    b. Conductor's score and parts, if any, rather than condensed score
and parts, if any. (In cases of compositions published only by rental,
lease, or lending, this requirement is reduced to conductor's score
only.)
    B. Printing and Paper:
    1. Archival-quality rather than less-permanent paper.
    C. Binding and Packaging:
    1. Special limited editions rather than trade editions.
    2. Bound rather than unbound.
    3. If editions have different binding, apply the criteria in I.A.2-
I.A.12, above.
    4. With protective folders rather than without.

                             VII. Microforms

    A. Related Materials:
    1. With indexes, study guides, or other printed matter rather than
without.
    B. Permanence and Appearance:
    1. Silver halide rather than any other emulsion.
    2. Positive rather than negative.
    3. Color rather than black and white.
    C. Format (newspapers and newspaper-formatted serials):

[[Page 588]]

    1. Reel microfilm rather than any other microform.
    D. Format (all other materials):
    1. Microfiche rather than reel microfilm.
    2. Reel microfilm rather than microform cassetes.
    3. Microfilm cassettes rather than micro-opaque prints.
    E. Size:
    1. 35 mm rather than 16 mm.

                      VIII. Machine-Readable Copies

    A. Computer Programs
    1. With documents and other accompanying material rather than
without.
    2. Not copy-protected rather than copy-protected (if copy-protected
then with a backup copy of the disk(s)).
    3. Format:
    a. PC-DOS or MS-DOS (or other IBM compatible formats, such as
XENIX):
    (i) 5\1/4\ Diskette(s).
    (ii) 3\1/2\ Diskette(s).
    (iii) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
    b. Apple Macintosh:
    (i) 3\1/2\ Diskette(s).
    (ii) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
    B. Computerized Information Works, Including Statistical Compendia,
Serials, or Reference Works:
    1. With documentation and other accompanying material rather than
without.
    2. With best edition of accompanying program rather than without.
    3. Not copy-protected rather than copy-protected (if copy-protected
then with a backup copy of the disk(s)).
    4. Format
    a. PC-DOS or MS-DOS (or other IBM compatible formats, such as
XENIX):
    (i) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
    (ii) 5\1/4\ Diskette(s).
    (iii) 3\1/2\ Diskette(s).
    b. Apple Macintosh:
    (i) Optical media, such as CD-ROM--best edition should adhere to
prevailing NISO standards.
    (ii) 3\1/2\ Diskette(s).

               IX. Works Existing in More Than One Medium

    Editions are listed below in descending order of preference.
    A. Newspapers, dissertations and theses, newspaper-formatted
serials:
    1. Microform.
    2. Printed matter.
    B. All other materials:
    1. Printed matter.
    2. Microform.
    3. Phonorecord.

[54 FR 42299, Oct. 16, 1989, as amended at 62 FR 51603, Oct. 2, 1997; 69
FR 8822, Feb. 26, 2004]