Preregistration is a new procedure in the Copyright Office for certain classes of works that the Register of Copyrights has determined have a history of pre-release infringement. Preregistration serves as a place-holder for limited purposes, mainly where a copyright owner needs to sue for infringement while a work is still being prepared for commercial release. Preregistration is not a substitute for registration, and its use is only appropriate in certain circumstances.
A work submitted for preregistration must meet three conditions:
1. the work must be unpublished; 2. the work must be in the process of being prepared for commercial distribution in either physical or digital format, e.g., film copies, CDs, computer programs to be sold online, and the applicant must have a reasonable expectation of this commercial distribution 3. the work must fall within the following classes of works determined by the Register of Copyrights to have had a history of infringement prior to authorized commercial distribution. The works determined to be eligible under this requirement are: * motion pictures * sound recordings * musical compositions * literary works being prepared for publication in book form * computer programs (which may include videogames) * advertising or marketing photographs
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