U.S. Copyright Office Basics: "Publication"

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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 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Federal copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright.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 (section 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 sections 107 through 121 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.”

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What Is Copyright?

Who Can Claim Copyright?

-----Copyright and National Origin of the Work

What Works Are Protected?

What Is Not Protected by Copyright?

How to Secure Copyright

Publication

Notice of Copyright

-----Form of Notice for Visually Perceptible Copies

-----Form of Notice for Phonorecords of Sound Recordings

-----Position of Notice

-----Publications Incorporating U.S. Government Works

-----Unpublished Works

-----Omission of Notice and Errors in Notice

How Long Copyright Protection Endures

Transfer of Copyright

-----Termination of Transfers

International Copyright Protection

Copyright Registration

Registration Procedures

-----Original Registration

-----Preregistration

-----Special Deposit Requirements

-----Unpublished Collections

Effective Date of Registration

Corrections and Amplifications of Existing Registrations

Mandatory Deposit for Works Published in the United States

Use of Mandatory Deposit to Satisfy Registration Requirements

Who May File an Application Form?

Application Forms

-----Fill-in Forms Available

Fees

Search of Copyright Office Records

For Further Information

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Source: U.S. Copyright Office
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Revised July 2006
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