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Originally Posted by AlexBell
This raises some complex questions, Harry, especially for ebooks.
Is it only authors who have this obligation put on them? If it is only authors to whom this rule applies then the situation is a little less complex, but it's still a puzzle to me.
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All copyrighted works. The publisher is supposed to send in the content, whether that content is books, records, sculptures, movies, artwork, whatever.
Publications with less than 5 copies (like original paintings) are exempt; publications of great expense (like special-edition jeweled sculptures that sell for $2,000 each) are exempt. Neither the info-pamphlet nor copyright law in the US makes it at all clear if unregistered, ephemeral publications are exempt--catalogs, conference schedule books, trifold advertisements, corporate press releases--and a read-over doesn't seem to allow them to be exempt.
(I forgot to call today. Will try Tuesday.)
However, the penalties for non-compliance only kick in if copies aren't handed over within 3 months on request of the copyright office, so there's no actual incentive to comply.
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I am currently designing an ebook for an American citizen who has lived in Spain for several years. I am designing the ebook for publication by Circaidy Gregory Press, which is based in Hastings in the UK. I live in Launceston, Australia.
Is the author obligated to send a copy to the US authorities, given that she is an American citizen?
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It seems that digital-only content is likely exempt.
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I recognise that the rules are less strict for ebooks than for print books, but it is not hard to imagine that a similar situation might apply if it was a print book. In fact Circaidy Gregory Press does both print and ebook versions, and in this particular case the print version will be developed from the ebook version.
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It'll be their problem to sort out what to do with physical copies. Doing back-end production work doesn't make you the publisher; the person or entity who releases the IP to the public is responsible for getting archive copies to the appropriate authorities.
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Do you know where I can get answers to these questions?
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In the US, the US Copyright Office: 1-877-476-0778 during east coast business hours.