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COPYRIGHT ACT
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Copyright Act
« 17 USC Sec. 703 | Index | 17 USC Sec. 705 »
17 USC Sec. 704 - Retention and disposition of articles deposited in Copyright Office
(a) Upon their deposit in the Copyright Office under sections 407
and 408, all copies, phonorecords, and identifying material,
including those deposited in connection with claims that have been
refused registration, are the property of the United States
Government.
(b) In the case of published works, all copies, phonorecords, and
identifying material deposited are available to the Library of
Congress for its collections, or for exchange or transfer to any
other library. In the case of unpublished works, the Library is
entitled, under regulations that the Register of Copyrights shall
prescribe, to select any deposits for its collections or for
transfer to the National Archives of the United States or to a
Federal records center, as defined in section 2901 of title 44.
(c) The Register of Copyrights is authorized, for specific or
general categories of works, to make a facsimile reproduction of
all or any part of the material deposited under section 408, and to
make such reproduction a part of the Copyright Office records of
the registration, before transferring such material to the Library
of Congress as provided by subsection (b), or before destroying or
otherwise disposing of such material as provided by subsection (d).
(d) Deposits not selected by the Library under subsection (b), or
identifying portions or reproductions of them, shall be retained
under the control of the Copyright Office, including retention in
Government storage facilities, for the longest period considered
practicable and desirable by the Register of Copyrights and the
Librarian of Congress. After that period it is within the joint
discretion of the Register and the Librarian to order their
destruction or other disposition; but, in the case of unpublished
works, no deposit shall be knowingly or intentionally destroyed or
otherwise disposed of during its term of copyright unless a
facsimile reproduction of the entire deposit has been made a part
of the Copyright Office records as provided by subsection (c).
(e) The depositor of copies, phonorecords, or identifying
material under section 408, or the copyright owner of record, may
request retention, under the control of the Copyright Office, of
one or more of such articles for the full term of copyright in the
work. The Register of Copyrights shall prescribe, by regulation,
the conditions under which such requests are to be made and
granted, and shall fix the fee to be charged under section
708(a)(10) if the request is granted.
-SOURCE-
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2591;
Pub. L. 101-318, Sec. 2(c), July 3, 1990, 104 Stat. 288.)
-MISC1-
AMENDMENTS
1990 - Subsec. (e). Pub. L. 101-318 substituted ''708(a)(10)''
for ''708(a)(11)''.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-318 effective 6 months after July 3,
1990, and applicable to (A) claims to original, supplementary, and
renewal copyright received for registration, and to items received
for recordation in Copyright Office, on or after such effective
date, and (B) other requests for services received on or after such
effective date, or received before such effective date for services
not yet rendered as of such date, and with claims to original,
supplementary, and renewal copyright received for registration and
items received for recordation in acceptable form in Copyright
Office before such effective date, and requests for services which
are rendered before such effective date, to be governed by section
708 of this title as in effect before such effective date, see
section 2(d) of Pub. L. 101-318, set out as a note under section
708 of this title.
« 17 USC Sec. 703 | Index | 17 USC Sec. 705 »
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