For registration purposes, a daily newsletter is defined as a serial published and distributed by mail or electronic media at least two times a week. Newsletters must contain news or information of interest chiefly to a special group (for example, trade and professional associations, corporations, schools, colleges, and churches). Newsletters are customarily available by subscription and are not sold on newsstands.
Newsletter issues may be registered as a group if they meet all of the following requirements:
The newsletter must be a daily newsletter as defined above.
The newsletter must be a “work made for hire” that is, the employer is the author.
The author (employer-for-hire) must also be the copyright claimant.
Each issue must be an essentially all-new collective work or all-new issue that has not been published before.
The claim must include two or more issues within a single calendar month.
The application must be submitted no later than three months after the last publication date included in the group.
- One complete copy of each issue included in the group must be deposited. If the newsletter is published only online, one complete print-out of each issue, or a computer disk (or CD-ROM) containing all the issues and a print-out of the first and last issues included in the group, must be sent.
Note: Additional material must be sent only if specifically requested by the Copyright Acquisitions Division. The request will specify the nature of the additional material required, which will be either (I) one positive 35-rnrn. silver-halide microfilm that includes all issues within the calendar month, or (2) one or two complimentary subscriptions for the Library of Congress.
Important: The microfilm or subscriptions must be sent to the address specified in the request from the Copyright Acquisitions Division. Unless expressly requested, no microfilm or subscription copies are required.
If all of these requirements are not met, each newsletter issue must be registered separately.
Enter the title as it appears on the newsletter
Enter the number of days within the month in which publication occurred, regardless of the number of issues published per day. For example, if the month had 30 days and an issue appeared each day, enter “30.” If two issues were published daily, you should still enter “30.”
The 1976 Copyright Act defines publication as:
"Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not itself constitute publication.
This definition of "publication" does not specifically address online transmission. However, "publication" may include the public distribution of copies by means of electronic transmission (e.g., over the internet). The applicant, who knows the facts surrounding distribution of copies of a work, must determine whether the work has been published or not.
If you determine the online newsletter has been published, give the complete publication date for the first and last issue in this group. Also, give a single nation of first publication; this may be the nation where the work is uploaded.
Note: If the same work is published both online and by the distribution of physical copies and these events occur on different dates, the publication date should refer to whichever occurred first.
The author and the copyright claimant must be the same person or organization.
The author of a work is responsible for its creation. Normally, the author is the person who actually creates the authorship being claimed. The only exception occurs when authorship is created as a “work made for hire”. In this case, the employer is considered the author, not the employee who created the authorship. (See below for information on works made for hire).
The claimant is the person or organization that owns all rights under the U.S. copyright law; ownership of only some of the rights it not sufficient. In addition, a claimant must own the copyright in all of the authorship covered by this registration.
A work made for hire is either
- a work created by an employee as part of his/her regular duties. Courts have considered certain factors in the employment relationship, such as whether taxes are withheld or benefits given, to determine whether the contributor is an “employee” under this sense of the definition. See Circular 9.
- a specially commissioned work for certain categories of works
and only if there is a written agreement between the employer and employee
stating that the work is made for hire. Specially commissioned works must
fall into one of the following categories:
- contribution to a collective work
- part of a motion picture or other audiovisual work
- supplementary work
- instructional text
- test or answer material for a test
If a work is made for hire, the employer is the author. See “statutory definition” below.
A work made for hire is defined as:
If the author/claimant is doing business under another name and as long as the two names represent one and the same entity (such as an unincorporated organization), give this information in a "Note to Copyright Office" on the Certification screen. The relationship may also be expressed as "trading as," "sole owner of," "also known as," and "acceptable alternative designation." Note: Do not refer to a relationship between an individual and a corporation or partnership; such organizations are separate legal entities from individuals associated with them. Thus, "John Smith doing business as XYZ Corporation" is not an acceptable entry.
Check the appropriate box(es) to describe the material in which copyright is claimed. The registration of a group of newsletters includes all the material in which the claimant owns the copyright. This includes the authorship of compiling and editing each issue, as well as the content of any contributions (e.g., text or photos) done by employees of the claimant as "works made for hire."
Due to some recent federal district court cases, it not certain that the Copyright Office's longstanding view that a collective work registration may extend to component works in which the claimant owns all rights will prevail in the courts. These court cases have challenged the validity of certain group registration claims containing works authored by others when the application does not list the name(s) of such author(s) and the title(s). As a consequence of this uncertainty, you may want to file separate applications so you can list the author(s) and title(s) of the contribution that was transferred to the copyright claimant.
Also, please note that if the court finds that a group registration of newsletter issues extends to any work included in the issues for which the claimant owns all rights by transfer of ownership, the facts stated in the application will not include any information about authorship transferred to the claimant and will not include any identification of the authors and titles of such works. Consequently, in an infringement action involving individual articles, the plaintiff would have to prove ownership of a valid copyright in component works, including which component works were made for hire and which works were obtained by a transfer of ownership, if any.
The phrase “collective work” refers to a work, such as a serial issue, in which a number of contributions are assembled into a collective whole. There are two types of authorship in a collective work:
- Authorship of the collective work as a whole, which may include revisions, editing, compilation, and similar authorship that went into putting the work into final form, and
- Authorship of the individual contributions.
When the two types of authorship are owned separately, they cannot be registered together on a single application. Each application requires a separate fee.