Notable Examples of Transactions Exempt as Incident to Underlying Informational Materials Transactions (System Ed. Note)

Last substantive commentary amendment:
Sep. 20 2023

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TURBOFAC Commentary (2040 words)

Examples of Transactions Exempt as “Incidental to” the Dissemination of Informational Materials; Examples of Transactions Exempt as Ordinarily Incident to the Underlying Informational Materials Transactions

1) NON-SUBSTANTIVE ALTERATIONS TO QUALIFYING INFORMATIONAL MATERIALS, IN GENERAL

a) [EXEMPT] There are types of work that U.S. persons may do with respect to an underlying item that qualifies as “informational materials” that are NOT considered to rise to the level of “substantive or artistic alteration or enhancement of informational materials.” In general, this work is exempt as incidental to the dissemination of the qualifying informational materials at issue. Refer generally to Examples of the “Substantive or Artistic Alteration or Enhancement” and “Fully Created and in Existence” Standards. These exempt non-substantive activities include, but are not limited to, certain peer review-related activities, certain types of style and copy editing, listing pre-existing information on a website in various formats, duplicating films and...