1908 A Public Performance or Public Display Does Not Constitute Publication
As discussed in Section 1902, a public performance or a public display of a work "does not of itself constitute publication." 17 U.S.C. § 101 [definition of "publication"]. Therefore, if the applicant provides a date of publication in the application and indicates that the work was performed, televised, broadcast, displayed, or exhibited on that date, the registration specialist may communicate with the applicant and explain that merely performing or displaying a work in public does not constitute publication under U.S.
copyright law, "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.
Examples of performances and displays that do not in themselves constitute publication include the following:
• Performing a song at a concert or on television or radio, regardless of the size of the audience.
• Showing a motion picture in a theater or on television.
• Performing a play, a pantomime, or a choreographic work in a theater.
• Delivering a speech, lecture, or sermon at a public event.
• Displaying a painting in a museum, a gallery, or the lobby of a building (regardless of whether the copyright owner prohibited others from taking photographs or other reproductions of that work).
• Displaying a fabric design, wallpaper design, or textile design in a store front.
Section 101 of the Copyright Act states that performing a work of authorship means "to recite, render, play, dance, or act [the work], either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible." 17 U.S.C. § 101. Reading a literary work aloud, singing or playing music, dancing a ballet or other choreographic work, or acting out a dramatic work or pantomime clearly falls within the scope of this definition. Likewise, showing portions of a motion picture, filmstrip, or slide presentation in sequential order or playing a motion picture sound track clearly qualifies as a performance of that work. See H.R. Rep. No. 94-1476, at 63-64 [1976], reprinted in 1976 U.S.C.C.A.N. at 5677.
Section 101 of the Copyright Act states that displaying a work of authorship means "to show a copy of [the work], either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual
1908.1
Performing a Work of Authorship
1908.2
Displaying a Work of Authorship
Chapter 1900 : 11
12/22/2014
