Copyright Basics | Page 6

time, the part of the work that is
fixed on a particular date constitutes the created work as of that date.
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PUBLICATION
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registration in the case of certain unpublished works and works eligible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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NOTICE OF COPYRIGHT
The use of a copyright notice is no longer required under U. S. law,
although it is often beneficial. Because prior law did contain such a
requirement, however, the use of notice is still relevant to the copyright
status of older works.
Notice was required under the 1976 Copyright Act. This requirement
was eliminated when the United States adhered to the Berne
Convention, effective March 1, 1989. Although works published
without notice before that date could have entered the public domain in
the United States, the Uruguay Round Agreements Act (URAA)
restores copyright in certain foreign works originally published without
notice. For further information about copyright amendments in the
URAA, request Circular 38
[http://www.loc.gov/copyright/circs/circ38b.pdf] .
The Copyright Office does not take a position on whether copies of
works first published with notice before March 1, 1989, which are
distributed on or after March 1, 1989, must bear the copyright notice.
Use of the notice may be important because