work to the public or for the purpose of publicly performing or publicly displaying the work. See H.R. Rep. No. 94-1476, at 138 (1976), reprinted in 1976 U.S.C.C.A.N. at 5754.
Examples:
• Publication occurs when a motion picture is offered to a group of movie theaters or television networks for the purpose of exhibiting or broadcasting that work.
• Publication occurs when copies of a greeting card are offered to retailers for the purpose of selling those copies to the public.
• Publication occurs when copies of a photograph are offered to stock photography agencies for the purpose of licensing those copies to newspapers, magazines, and websites.
• Publication occurs when phonorecords are offered to radio stations for the purpose of broadcasting the songs and sound recordings embodied therein.
• Publication occurs when copies of a song are offered to a group of band directors for the purpose of performing that work at athletic events.
• Publication occurs when fabric, carpet, or wallpaper samples are offered to sales representatives for the purpose of selling those works to wholesalers and retailers.
By contrast, offering a work directly to the public does not constitute publication unless copies or phonorecords of that work are actually distributed.
Examples:
• An online advertisement offering to sell an app directly to the public does not constitute publication of that work.
• An advertisement containing pictures of a jewelry design constitutes publication of that work, but an advertisement that merely contains a textual description of that design does not.
1906.2 Offering to Distribute Copies or Phonorecords for the Purpose of Further Distribution, Public Performance, or Public Display
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. In other words, the copies or phonorecords must be offered to a group of persons for one or more of the purposes listed in the statute. Publication does not occur when copies or phonorecords are offered for any other purpose, such as offering them to a group of persons for private use, private performance, or private display.
Chapter 1900 : 9
12/22/2014
