Publication is no longer the key to obtaining federal copyright as it
was under the Copyright Act of 1909. However, publication remains
important to copyright owners.
The 1976 Copyright Act defines publication as follows:
"Publication" is 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. The offering to distribute copies or phonorecords to a group
of persons for purposes of further distribution, public performance, or
public display constitutes publication. A public performance or display
of a work does not of itself constitute publication.
***
NOTE: Before 1978, federal copyright was generally secured by the act
of publication with notice of copyright, assuming compliance with all
other relevant statutory conditions. U. S. works in the public domain on
January 1, 1978, (for example, works published without satisfying all
conditions for securing federal copyright under the Copyright Act of
1909) remain in the public domain under the 1976 Copyright Act.
Certain foreign works originally published without notice had their
copyrights restored under the Uruguay Round Agreements Act (URAA).
Request Circular 38B [http://www.loc.gov/copyright/circs/circ38b.pdf]
and see the "Notice of Copyright" section of this publication for
further information.
Federal copyright could also be secured before 1978 by the act of
registration in the case of certain unpublished works and works eligible
for ad interim copyright. The 1976 Copyright Act automatically extends
to full term (Title 17, Chap. 3, Sec. 304 sets the term) copyright for
all works, including those subject to ad interim copyright if ad interim
registration has been made on or before June 30, 1978.
***
A further discussion of the definition of "publication" can be found in
the legislative history of the 1976 Copyright Act. The legislative
reports define "to the public" as distribution to persons under no
explicit or implicit restrictions with respect to disclosure of the
contents. The reports state that the definition makes it clear that the
sale of phonorecords constitutes publication of the underlying work, for
example, the musical, dramatic, or literary work embodied in a
phonorecord. The reports also state that it is clear that any form of
dissemination in which the material object does not change hands, for
example, performances or displays on television, is _*not*_ a
publication no matter how many people are exposed to the work. However,
when copies or phonorecords are offered for sale or lease to a group of
wholesalers, broadcasters, or motion picture theaters, publication does
take place if the purpose is further distribution, public performance,
or public display.
Publication is an important concept in the copyright law for several
reasons:
+ Works that are published in the United States are subject to
mandatory deposit with the Library of Congress. See discussion on
"Mandatory Deposit for Works Published in the United States."
+ Publication of a work can affect the limitations on the exclusive
rights of the copyright owner that are set forth in Title 17, Chap 1
of the law.
+ The year of publication may determine the duration of copyright
protection for anonymous and pseudonymous works (when the author's
identity is not revealed in the records of the Copyright Office) and
for works made for hire.
+ Deposit requirements for registration of published works differ from
those for registration of unpublished works. See discussion on
"Registration Procedures."
+ When a work is published, it may bear a notice of copyright to
identify the year of publication and the name of the copyright owner
and to inform the public that the work is protected by copyright.
Copies of works published before March 1, 1989, must bear the notice
or risk loss of copyright protection. See discussion on "Notice of
Copyright" below.
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