Ch. 3
3.1.1
3.1.1
Chapter 3. PUBLICATION
Part 3.1 WHAT IS PUBLICATION
3.1.1
General Publication.
I.
General Policy with Respect to Publication. Although the statute defines the "date of publication" (see part 3.2, below), the copyright law does not contain a definition of the act of publication itself, and this question is generally left to the courts in specific cases. As a rule, the Copyright Office will not attempt to make any factual determination as to whether or not publication has actually occurred, but will leave this decision to
the applicant.a.
When asked £or advice, the Copyright Office will generally refrain from taking a definite position, but will state the meaning of publication in broad terms.
b.
In fairly clear cases, the Copyright Office may indicate the likelihood that publication has or has not taken place, without foreclosing the applicant from taking the opposite position.
c.
Where the applicant furnishes information that leaves Virtually no room for doubt on the question of publication, registration may be refused.
Examples:
(1)
Applicant states that he has kept one of the three copies of his short story manuscript, and that he considers depositing the other two in the Copyright Office an act of publication.
(2)
Applicant states that his booklet (which bears no notice) has been advertised for sale in a newspaper, and that 350 copies have been sold.
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