Page:Compendium of US Copyright Office Practices, II (1984).pdf/224

900-8

910

Date and nation of first publication. (cont'd)

910.01

General policy concerning date and nation of first publication. (cont'd)

Similarly, the copyright Office will generally accept the statement of the applicant on nation of first publication, unless it appears to be clearly inconsistent with the facts stated by the applicant or the information which the Office has with respect to the place of first publication.

910.02

Choice of a date of first publication. When the applicant is uncertain as to the date to be given in the application, the Copyright Office may out­ line the following factors to be considered:

1)

Where the applicant is uncertain as to which of several possible dates to choose, it is generally advisable to choose the earliest date, to avoid implication of an attempt to lengthen the copyright term, or any other period prescribed by the statute.

2)

When the exact date is not known, the best approximate date may be chosen. In such cases, qualifying language such as "approximately," "on or about," "circa," "no later than," and "no earlier than," will generally not be ques­tioned.

NOTE: The date given on the application as the date of first publication is important. It may determine the three-month grace period of 17 U.S.C. 412(2) and the five-year period provided in 17 U.S.C. 405(a)(2) for works published without a notice of copyright. It may also determine the copyright term for works made for hire and for anonymous and pseudonymous works.

910.03

Release date. If copies or phonorecords are put into the "stream of commerce" on one date, for release by distribution "over the counter" to the public on a later date, the Copyright Office will accept either date as first publication.

[1984]