Library Home: Intellectual Property (IP): Mandatory Deposit

Mandatory Deposit Issue

All works under copyright protection that are published in the United States are subject to the mandatory deposit provision of the copyright law (17 USC section 407).
(17 USC section 407).
407. Deposit of copies or phonorecords for Library of Congress

407. Deposit of copies or phonorecords for Library of Congress

(a) Except as provided by subsection (c), and subject to the provisions of subsection (e), the owner of copyright or of the exclusive right of publication in a work published in the United States shall deposit, within three months after the date of such publication—

(1) two complete copies of the best edition; or

(2) if the work is a sound recording, two complete phonorecords of the best edition, together with any printed or other visually perceptible material published with such phonorecords.

Neither the deposit requirements of this subsection nor the acquisition provisions of subsection (e) are conditions of copyright protection.

LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2017–9] Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule.

Federal Register: LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2017–9] Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule.
DATES: Effective February 16, 2018.

Library of Congress: Does not keep ALL the "mandatory deposit" items

Collections Overview
Fascinating Facts
" Items not selected for the collections or other internal purposes are used in the Library’s national and international exchange programs. Through these exchanges the Library acquires material that would not be available otherwise. The remaining items are made available to other federal agencies and are then available for donation to educational institutions, public bodies and nonprofit tax-exempt organizations in the United States."
Introduction to Collections Policy Statements
"The Library does not acquire all published materials but selects from copyright deposits and other sources based on these Collections Policy Statements designed to ensure that the Library acquires important and scholarly works."
Library of Congress Holdings
" Contrary to popular belief, however, the Library does not retain all of these works in its permanent collection, although it does add an average of 12,000 items per day.Rejected items are used in trades with other libraries around the world, distributed to federal agencies, or donated to schools, communities, and other organizations within the United States.[1] As is true of many similar libraries, the Library of Congress retains copies of every publication in the English language that is deemed significant."