• Distributing copies of a speech that are intended solely to assist the press in covering that event has been deemed a limited publication under the Copyright Act of 1909 [i.e., not a publication). However, under the current statutory definition, offering to distribute copies to different news outlets for the purpose of further distribution, public performance, or public display could constitute publication.
Moreover, a work may be considered unpublished if, in addition to communicating a work to a definitely selected group and for a limited purpose, the copyright owner imposed any express or implied restrictions concerning the disclosure of the content of that work, such as placing a statement on the copies or phonorecords indicating that distribution of the work is limited or restricted in some way, such as "Confidential — these specifications are for internal office use only."
1905.2 The Means of Distribution
As discussed in Section 1902, publication occurs when copies or phonorecords are distributed to the public by means of a sale or other transfer of ownership, such as giving copies away. Likewise, publication occurs when copies or phonorecords are distributed by means of rental, lease, or lending [i.e., where the copies or phonorecords change hands, but there is no change in the ownership of those copies or phonorecords].
Distributing copies or phonorecords by any other means does not constitute publication. In particular, the legislative history states that "any form or dissemination in which a material object does not change hands... is not a publication no matter how many people are exposed to the work." H.R. Rep. No. 94-1476, at 138 (1976), reprinted in 1976 U.S.C.C.A.N. at 5754.
1905.3 Deposit for Registration in the U.S. Copyright Office
Depositing copies or phonorecords with the U.S. Copyright Office for the purpose of registering a claim to copyright does not constitute publication. However, if the Library of Congress subsequently selects those copies or phonorecords for its collections and provides unrestricted access to those materials, the work may be considered published.
1906 Offering to Distribute Copies or Phonorecords of a Work
As discussed in Section 1902, offering to distribute copies or phonorecords to a group of persons for the purpose of further distribution, public performance, or public display constitutes publication, provided that the offer is made by or with the authority of the copyright owner. These issues are discussed in Sections 1906.1 through 1906.3 below.
1906.1 Offering to Distribute Copies or Phonorecords to a Group of Persons
Section 101 of the Copyright Act 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." 17 U.S.C. § 101. Specifically, publication occurs when copies or phonorecords are offered to a wholesaler, a retailer, a broadcaster, an aggregator, or similar intermediaries for the purpose of distributing the
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12/22/2014
