Page:Compendium of US Copyright Office Practices, II (1984).pdf/174

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800-10

805
Published works. (cont'd)
805.03
The meaning of "best edition." (cont'd)
805.03(c)

Difference in copyrightable content. Where there is a difference in copyrightable con­tent between two or more editions of a work, each edition which contains new copyrightable authorship is subject to separate deposit and registration. Consequently, the Best Edition statement, based on such differences, does not apply.

Example:

In 1978, a copyright owner published a novel in hardback without annotations, and later published the novel in hardback with extensive annotations. In this case, new copyrightable matter was added to the second book. Thus, the second book is considered a separate work for purposes of deposit and registration, and therefore the Best Edition Statement, based on such differences, does not apply.
805.03(d)
Exceptions to the. requirement of the best edition. There are two important exceptions to the general requirements of the best edi­tion explained above. These exceptions are for works first published before January 1, 1978, but submitted for registration after that date, and works first published outside the United States, whenever published.
805.03(d)(1)
A work first published in the United States before January 1, 1978. Generally the required deposit for any work which was first published in the United States before January 1, 1978, is two complete copies or phonorecords of the work as first published. See 37 C.F.R. 202.20(c)(1)(ii).
[1984]