900-5
906
Offering to distribute as publication. (cont'd)
906.01
No existing copies or phonorecords. The offering to distribute copies or phonorecords before any are available in a form ready for distribution does not constitute publication.
Examples:
1)
The offering to distribute a motion picture that is still in production does not constitute publication.
2)
The offering to distribute a sound recording which has not been fixed in its final form is not publication.
906.02
To a group of persons. The offering to distribute copies or phonorecords must be to a group of persons.
Example:
The offering to distribute musical scores to a group of band directors for purposes of public performance is publication.
906.03
For purposes of further distribution, public performance, or public display. The purpose of the offering must be further distribution, public performance, or public display. Hence an offering to distribute to a group of persons for their private use, private performance, or private display is not a publication.
Example:
The offering to distribute classical phonorecords to various radio stations for broadcast constitutes publication.
907
Alternative forms of publication. Since the statutory definition of publication is in two parts, one relating to direct distribution to the public and the other relating to the offering to a group for certain purposes, publication occurs if the facts fit either alternative.
[1984]
