COMPENDIUM: Chapter 1900
Publication
1901 What This Chapter Covers
This Chapter provides a definition and discussion of publication for works created or first published on or after January 1, 1978.
NOTE: This Chapter does not discuss works first published before January 1, 1978. For information concerning these types of works, see Chapter 2100. Additionally, this Chapter does not discuss publication issues that are unique to online works. For publication issues relating to online works, see Chapter 1000, Section 1007.3.
For a discussion of the specific practices and procedures for registering a claim to copyright in a published or unpublished work, see the following Chapters:
• For a general overview of the registration process, see Chapter 200.
• For guidance in determining who may file an application and who may be named as the copyright claimant, see Chapter 400.
• For a general overview of the applications that may be used to register a copyright claim, see Chapter 1400.
• For information on how to complete an application, see Chapter 600. For guidance in providing a date of first publication and identifying the nation of first publication in the application, see Chapter 600, Section 612.
• For information concerning the notice requirements for U.S. works published in copies or phonorecords between January 1, 1978 and February 28, 1989, see Chapter 2200.
1902 What Constitutes Publication?
Section 101 of the Copyright Act defines publication as "the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending." 17 U.S.C. § 101. It states that "offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication." Id. It also explains that "[a] public performance or display of a work does not of itself constitute publication." Id
The legislative history explains that "a work is 'published' if one or more copies or phonorecords embodying [the work] are distributed to the public" with "no explicit or implicit restrictions with respect to [the] disclosure of [the] contents [of that work]." H.R. Rep. No. 94-1476, at 138 [1976], reprinted in 1976 U.S.C.C.A.N. at 5754. It also explains that publication occurs "when copies or phonorecords are offered to a group of wholesalers, broadcasters, motion picture theatres, etc." for the purpose of "further distribution, public performance, or public display." Id.
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