900-3
905
Distribution as publication. (cont'd)
905.01
Multiple copies or phonorecords. (cont'd)
Examples: (cont'd)
2)
Where a manufacturer of pottery places copies of its work on sale at a roadside stand next to the factory and sells a single copy, publication does take place.
905.02
To the public. In order for publication to occur by the distribution of copies or phonorecords, such distribution must be "to the public" rather than a more limited distribution. Generally, members of the public are persons who are under no implied or express restriction with respect to disclosure of the work's contents. See H.R. Rep. 94-1476, 94th Cong., 2d Sess. 138 (1976).
Examples:
1)
The distribution of copies on a busy street corner is publication.
2)
The unrestricted gift of copies constitutes publication.
3)
Leaving copies in a public place for anyone to take is publication.
4)
Distributing texts at a seminar for use only by the recipients is ordinarily not publication.
NOTE: The fact that the copies bear a statement indicating that their distribution has been restricted or limited in some way will generally not constitute a sufficient basis for questioning whether or not publication occurred.
Examples:
1)
"Not for general distribution."
2)
"Confidential these specifications are for subscribers' use only."
3)
"For professional use only."
[1984]
