For example, offering copies of a motion picture to a group of wholesalers, retailers, broadcasters, motion picture distributors, or exhibitors generally is considered publication. Likewise, the syndication of a television series generally is considered publication.
808.1 0(J)(3) Fixed Copies
The statutory definition indicates that offering to distribute copies constitutes publication, provided that the copies exist when the offer is made. Offering to distribute copies before they exist or before they are ready for further distribution, public performance, or public display does not constitute publication. Thus, making an offer to distribute a motion picture or television show before or during the production of that work does not constitute publication, because the work is not completely fixed at the time of the offering. Once an offer has been made, however, a work is considered published once the work has been completed. In the case of an offer involving a television series that has not been completed, the publication date will be the same for the episodes that were completed as of the date that the offer was made and the publication date for the rest of the episodes will be the date that each episode is completed.
808.1 0(J)(4) Publication of Underlying Works
The publication of a motion picture constitutes publication of all the underlying works used in the motion picture. Thus, a screenplay, musical score, or other underlying work are published to the extent that they are embodied in a published motion picture. Maljack Productions Inc. v. UAVCorp., 964 F. Supp. 1416, 1421 (CD. Cal. 1997) (stating that the publication of a film publishes all underlying works embodied in a film, including the screenplay).
808.10(K) Restored Copyrights in Foreign Motion Pictures
If a motion picture published in a foreign country fell into the public domain in the United States for any reason (such as publication without a copyright notice) the copyright in that work may have been restored as of January 1, 1996 under the GATT-URAA amendment to the copyright law. For works of Canada and Mexico published between January 1, 1978 and before March 1, 1989, restoration may have occurred as of January 1, 1995 under the North American Free Trade Agreement (NAFTA). These topics are discussed in Sections 808.10(K)(1) and 808.10(K)(2).
808.10(K)(1) The 1994 Uruguay Round Agreements Act (URAA) and the General Agreement on Tariffs and Trade (GATT)
On December 8, 1994, the U.S. copyright law was amended in accordance with the intellectual properly provisions of the 1994 Uruguay Round Agreements Act (URAA). See Pub. L. No. 103-465, 108 Stat. 4809 (1994) (codified as amended at 17 U.S.C. §§ 104A, 1101). This amendment provides for the automatic restoration of copyrights in certain foreign works that are in the public domain in the United States, but are not in the public domain in their source country through the expiration of the term of protection. The earliest effective date of restoration is January 1, 1996. The restoration amendment is codified in Section 104A of the copyright law and it
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