Best Edition of Published Copyrighted Works for the Collections of the Library of Congress

w

copyright.gov

CIRCULAR

7B

When you register your published work or comply with the

mandatory deposit requirement, you must submit copies

of your work consistent with Copyright Office regulations.

In certain situations, those copies must comply with the

requirement to deposit the “best edition” of a work from

among multiple editions of the work available at the time

of registration. The law defines “best edition” as “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.”1 In general, a work is published

when an authorized copy is sold or offered for distribution

to the public.

The criteria used to identify the best edition for a particu­

lar work are listed in the Best Edition Statement. It is respon­

sibility of the copyright owner to identify the “best edition”

that exists at the time of submission.

If your work was first published outside the United States,

you may submit the work either as first published or the

best edition. A work simultaneously published within and

outside the United States is considered first published in

the United States. For more information, see chapter 1500,

section 1511.4 of the Compendium of U.S. Copyright Office

Practices.

The best edition requirement does not apply to all depos­

its. In particular, the following types of works are exempt

from the best edition requirement:

• Unpublished works

• Works published solely in editions or formats not listed

in the Best Edition Statement

• Most works that are published only online

A work exempt from the best edition requirement is

not exempt from the deposit requirements for copyright

registration. For more information about the deposit

requirements for registration, see Copyright Registration

(Circular 2).

When you submit a copyright

registration or comply with the

mandatory deposit provision in the

copyright law for a U.S

Most works that are published only online

A work exempt from the best edition requirement is

not exempt from the deposit requirements for copyright

registration. For more information about the deposit

requirements for registration, see Copyright Registration

(Circular 2).

When you submit a copyright

registration or comply with the

mandatory deposit provision in the

copyright law for a U.S. work published

in multiple editions or formats, you

may be required to submit the “best

edition” of your work. If your work

is published in two or more of the

formats listed in this circular, you must

submit the format of highest quality.

Best Edition

of Published Copyrighted Works for the

Collections of the Library of Congress

“Best Edition” of Published Copyrighted Works

2

It is the responsibility of the copyright owner to identify the “best edition” that exists at the time

of submission. To identify the best edition of a particular work, consult the criteria in the Best Edi­

tion Statement below. The “best” edition generally will be the highest quality edition that is publicly

circulated. Under Copyright Office regulations, when “judging quality, the Library of Congress

will adhere to the criteria set forth [in the Best Edition Statement] in all but exceptional cases.” For

example, if both a digital and a physical edition of a work were published before the date of the

deposit, the physical edition should be submitted.

note: An owner need not create a new edition of a work solely to comply with the best edition

requirement. Whatever edition was published in the United States at the time of deposit is the

version that should be submitted. Likewise, if there are multiple editions of a work, but none of

those editions are listed on the Best Edition Statement, you may submit any published edition

that exists as of the date the claim is filed.

Under certain circumstances, the Copyright Office may grant a written request for special relief

from the best edition requirement

the time of deposit is the

version that should be submitted. Likewise, if there are multiple editions of a work, but none of

those editions are listed on the Best Edition Statement, you may submit any published edition

that exists as of the date the claim is filed.

Under certain circumstances, the Copyright Office may grant a written request for special relief

from the best edition requirement. For more information about special relief, see chapter 1500,

section 1511.9, of the Compendium of U.S. Copyright Office Practices.

“Best Edition” of Published Copyrighted Works

3

Best Edition Statement

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 distribu­

tion. Additionally, the regular and timely

receipt of all appropriate looseleaf updates,

supplements, and releases, including sup­

plemental binders issued to handle these

expanded versions, is part of the require­

ment to properly maintain these publica­

tions.

9. Slip-cased rather than non-slip-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 edi­

tion

3. Special binding rather than trade binding

C. Illustrations

1. Illustrated rather than unillustrated

2

ides)

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 edi­

tion

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

2. With aids to use, such as overlays and magni­

fiers, 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 employ­

ing type of more conventional size.)

II  Photographs

A. Size and finish, in descending order of preference

1. The most widely distributed edition

2. 8" by 10" 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. 70mm positive print, if original production

negative is greater than 35mm

3. 35mm positive prints

4. 16mm positive prints

B. Videotape formats

1. Betacam SP

2. Digital Beta (Digibeta)

3. DVD

4. VHS cassette

ter 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. 70mm positive print, if original production

negative is greater than 35mm

3. 35mm positive prints

4. 16mm positive prints

B. Videotape formats

1. Betacam SP

2. Digital Beta (Digibeta)

3. DVD

4. VHS cassette

“Best Edition” of Published Copyrighted Works

4

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 tab­

ular 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 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 rechan­

neled 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

t

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 rechan­

neled 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 pub­

lished 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 composi­

tions 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

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

“Best Edition” of Published Copyrighted Works

5

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)

1. Reel microfilm rather than any other micro­

form

D. Format (all other materials)

1. Microfiche rather than reel microfilm

2. Reel microfilm rather than microform

cassettes

3. Microfilm cassettes rather than micro-

opaque prints

E. Size

1. 35mm rather than 16mm

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-com­

patible formats, such as XENIX)

i. 5¼" diskette(s)

ii. 3½" diskette(s)

iii. Optical media, such as CD-ROM—

best edition should adhere to prevail­

ing NISO standards.

b. Apple Macintosh

i. 3½" diskette(s)

ii. Optical media such as CD-ROM—

best edition should adhere to prevail­

ing NISO standards.

B. Computerized Information Works, Including

Statistical Compendia, Serials, or Reference

Works

1. With documentation and other accompany­

ing 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

to prevail­

ing NISO standards.

B. Computerized Information Works, Including

Statistical Compendia, Serials, or Reference

Works

1. With documentation and other accompany­

ing 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 prevail­

ing NISO standards.

ii. 5¼" diskette(s)

iii. 3½" diskette(s)

b. Apple Macintosh

i. Optical media, such as CD-ROM—

best edition should adhere to

prevailing NISO standards.

ii. 3½" diskette(s)

note: The best-edition requirement for machine-

readable copies applies only to copies submitted to the

Library of Congress under section 407 of the copyright

law, which addresses mandatory deposit. It does not

apply to deposits submitted for registration of claims

to copyright.

IX  Electronic-Only Works Published in the United States

and Available Only Online

The following encodings are listed in descending order of

preference for all deposits in all categories below:

1.

UTF-8.

2. UTF-16 (with BOM).

3. US-ASCII.

4. ISO 8859.

5. All other character encodings.

A. Electronic-Only Serials:

1. Content Format:

“Best Edition” of Published Copyrighted Works

6

a. Serials-specific structured/markup

format:

i. Content compliant with the NLM

Journal Archiving (XML) Document

Type Definition (DTD), with presen­

tation stylesheet(s), rather than with­

out NISO JATS: Journal Article Tag

Suite (NISO Z39.96-201x) with XSD/

XSL presentation stylesheet(s) and

explicitly stated character encoding.

ii. Other widely used serials or journal

XML DTDs/schemas, with presenta­

tion stylesheet(s), rather than without.

iii. Proprietary XML format for serials

or journals (with documentation),

with DTD/schema and presentation

stylesheet(s), rather than without.

b

JATS: Journal Article Tag

Suite (NISO Z39.96-201x) with XSD/

XSL presentation stylesheet(s) and

explicitly stated character encoding.

ii. Other widely used serials or journal

XML DTDs/schemas, with presenta­

tion stylesheet(s), rather than without.

iii. Proprietary XML format for serials

or journals (with documentation),

with DTD/schema and presentation

stylesheet(s), rather than without.

b. Page-oriented rendition:

i. PDF/UA (Portable Document

Format/Universal Accessibility; com­

pliant with ISO 14289-1).

ii. PDF/A (Portable Document Format/

Archival; compliant with ISO 19005).

iii. PDF (Portable Document Format,

with searchable text, rather than

without; highest quality available,

with features such as searchable text,

embedded fonts, lossless compression,

high resolution images, device-inde­

pendent specification of colorspace;

content tagging; includes document

formats such as PDF/X).

c. Other structured or markup formats:

i. Widely-used serials or journal non-

proprietary XML-based DTDs/sche­

mas with presentation stylesheet(s).

ii. Proprietary XML-based format for

serials or journals (with documenta­

tion) with DTD/schema and presen­

tation stylesheet(s).

iii. XHTML or HTML, with DOC­

TYPE declaration and presentation

stylesheet(s).

iv. XML-based document for­

mats (widely used and publicly

documented). With presentation

stylesheets, if applicable. Includes

ODF (ISO/IEC 26300) and OOXML

(ISO/IEC 29500).

d. PDF (web-optimized with searchable

text).

e. Other formats:

i. Rich text format.

ii. Plain text.

iii. Widely-used proprietary word pro­

cessing or page-layout formats.

iv. Other text formats not listed here.

2. Metadata Elements: If included with pub­

lished version of work, descriptive data

(metadata) as described below should

accompany the deposited material:

a. Title level metadata: serial or journal

title, ISSN, publisher, frequency, place of

publication.

b

format.

ii. Plain text.

iii. Widely-used proprietary word pro­

cessing or page-layout formats.

iv. Other text formats not listed here.

2. Metadata Elements: If included with pub­

lished version of work, descriptive data

(metadata) as described below should

accompany the deposited material:

a. Title level metadata: serial or journal

title, ISSN, publisher, frequency, place of

publication.

b. Article level metadata, as relevant/or

applicable: volume(s), number(s), issue

dates(s), article title(s), article author(s),

article identifier (DOI, etc.).

c. With other descriptive metadata

(e.g., subject heading(s), descriptor(s),

abstract(s)), rather than without.

3. Completeness:

a. All elements considered integral to the

publication and offered for sale or distri­

bution must be deposited—e.g., articles,

table(s) of contents, front matter, back

matter, etc. Includes all associated exter­

nal files and fonts considered integral to

or necessary to view the work as pub­

lished.

b. All updates, supplements, releases, and

supersessions published as part of the

work and offered for sale or distribu­

tion must be deposited and received in

a regular and timely manner for proper

maintenance of the deposit.

“Best Edition” of Published Copyrighted Works

7

4. Technological measures that control access

to or use of the work should be removed.

B. Electronic-Only Books:

1. Content Format:

a. Book-specific structured/markup format,

i.e., XML-based markup formats, with

included or accessible DTD/schema,

XSD/XSL presentation stylesheet(s), and

explicitly stated character encoding:

i. BITS-compliant (NLM Book DTD).

ii. EPUB-compliant.

iii. Other widely-used book DTD/sche­

mas (e.g., TEI, DocBook, etc.).

b. Page-oriented rendition:

i. PDF/UA (Portable Document

Format/Universal Accessibility; com­

pliant with ISO 14289-1).

ii. PDF/A (Portable Document Format/

Archival; compliant with ISO 19005).

iii

L presentation stylesheet(s), and

explicitly stated character encoding:

i. BITS-compliant (NLM Book DTD).

ii. EPUB-compliant.

iii. Other widely-used book DTD/sche­

mas (e.g., TEI, DocBook, etc.).

b. Page-oriented rendition:

i. PDF/UA (Portable Document

Format/Universal Accessibility; com­

pliant with ISO 14289-1).

ii. PDF/A (Portable Document Format/

Archival; compliant with ISO 19005).

iii. PDF (Portable Document Format;

highest quality available, with fea­

tures such as searchable text, embed­

ded fonts, lossless compression, high

resolution images, device-indepen­

dent specification of colorspace;

content tagging; includes document

formats such as PDF/X).

c. Other structured markup formats:

i. XHTML or HTML, with DOC­

TYPE declaration and presentation

stylesheet(s).

ii. XML-based document formats

(widely-used and publicly-docu­

mented), with presentation style

sheet(s) if applicable. Includes ODF

(ISO/IEC 26300) and OOXML (ISO/

IEC 29500).

iii. SGML, with included or accessible

DTD.

iv. Other XML-based non-propri­

etary formats, with presentation

stylesheet(s).

v. XML-based formats that use propri­

etary DTDs or schemas, with presen­

tation stylesheet(s).

d. PDF (web-optimized with searchable

text).

e. Other formats:

i. Rich text format.

ii. Plain text.

iii. Widely-used proprietary word pro­

cessing or page-layout formats.

iv. Other text formats not listed here.

2. Metadata Elements: If included with pub­

lished version of work, descriptive data

(metadata) as described below should

accompany the deposited material:

a. As supported by format (e.g., standards-

based formats such as ONIX, XMP,

MODS, or MARCXML either embedded

in or accompanying the digital item):

title, creator, creation date, place of pub­

lication, publisher/producer/distributor,

ISBN, contact information.

b. Include if part of published version of

work: language of work, other relevant

identifiers (e.g., DOI, LCCN, etc.), edi­

tion, subject descriptors, abstracts.

3. Rarity and Special Features:

a

ONIX, XMP,

MODS, or MARCXML either embedded

in or accompanying the digital item):

title, creator, creation date, place of pub­

lication, publisher/producer/distributor,

ISBN, contact information.

b. Include if part of published version of

work: language of work, other relevant

identifiers (e.g., DOI, LCCN, etc.), edi­

tion, subject descriptors, abstracts.

3. Rarity and Special Features:

a. Limited editions (including those with

special features such as high resolution

images.)

b. Editions with the greatest number of

unique features (such as additional con­

tent, multimedia, interactive elements.)

4. Completeness:

a. For items published in a finite number of

separate components, all elements pub­

lished as part of the work and offered for

sale or distribution must be deposited.

Includes all associated external files and

fonts considered integral to or necessary

to view the work as published.

“Best Edition” of Published Copyrighted Works

8

b. All updates, supplements, releases, and

supersessions published as part of the

work and offered for sale or distribu­

tion must be submitted and received in

a regular and timely manner for proper

maintenance of the deposit.

5. Technological Protection Measures:

a. Copies published in formats that do not

contain technological measures control­

ling access to or use of the work.

b. Copies published with technological

measures that control access to or use of

the work, and for which the owner has

elected to remove such technological

measures.

c. Copies otherwise provided in a

manner that meets the requirements of

§202.24(a)(5).

X  Works Existing in More Than One Medium

Editions are listed below in descending order of prefer­

ence.

A. Newspapers, dissertations and theses,

newspaper-formatted serials

1. Microform

2. Printed matter

B. All other materials

1. Printed matter

2. Microform

3. Phonorecord

notes

1. This circular is intended as an overview of the best edition requirement. The authoritative source for U.S

).

X  Works Existing in More Than One Medium

Editions are listed below in descending order of prefer­

ence.

A. Newspapers, dissertations and theses,

newspaper-formatted serials

1. Microform

2. Printed matter

B. All other materials

1. Printed matter

2. Microform

3. Phonorecord

notes

1. This circular is intended as an overview of the best edition requirement. The authoritative source for U.S.

copyright law is the Copyright Act, codified in Title 17 of the United States Code. Copyright Office regulations are

codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and procedures are summarized

in the third edition of the Compendium of U.S. Copyright Office Practices, cited as the Compendium. The copyright

law, regulations, and the Compendium are available on the Copyright Office website, www.copyright.gov.

2. The Best Edition Statement is codified in Appendix B to Part 202 of the Copyright Office’s regulations.

1 U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.gov

CIRCULAR 7B

REVISED: 03/2021

PRINT: 00/0000 — 0,000

For Further Information

By Internet

The copyright law, the Compendium, electronic registration, application forms, regulations,

and related materials are available on the Copyright Office website at www.copyright.gov.

By Email

To send an email inquiry, click the Contact Us link on the Copyright Office website.

By Telephone

For general information, call the Copyright Public Information Office at (202) 707-3000 or

1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time,

Monday through Friday, except federal holidays. To request application forms or circulars by

postal mail, call (202) 707-9100 or 1-877-476-0778 and leave a recorded message.

By Regular Mail

Write to

Library of Congress

U.S. Copyright Office

Outreach and Education Section

101 Independence Avenue, SE #6304

Washington, DC 20559-6304