900-9
910
Date and nation of first publication. (cont'd)
910.04
Embodiment of previously unpublished material in another work. The inclusion of an unpublished work in another work that is later published results in the publication of the first work to the extent that it is disclosed in the published work.
Examples:
1)
The publication of copies of a lithograph that reproduce a previously unpublished original oil painting, publishes the oil painting to the extent that it is disclosed in the lithograph.
2)
Where a preexisting unpublished screenplay is embodied in a motion picture, those elements of the screenplay disclosed in the motion picture are considered to be published at the same time the motion picture is published.
3)
Where an unpublished sculptural work is embodied in a published motion picture, an application for registration of the sculpture may assert that the work is unpublished: in such a case, space 6 on the application form need not be completed. NOTE: It is the view of the Copyright Office that ordinarily the publication of a motion picture would not result in sufficient disclosure of a sculptural work embodied in the motion picture to effect a publication of such work in the copyright sense.
910.05
Publication of part of a work. Publication of a portion of a work does not necessarily mean that the work as a whole has been published.
Examples:
1)
Publication of a detailed plot summary of a play does not constitute publication of the plays as a whole.
2)
Publication of a movie version of an unpublished story publishes only those elements of the story embodied in the motion picture.
[1984]
