Ch. 3
3.1.1
3.1.1
3-4
3.1.1
General Publication.(cont'd)
II.
Definition of General Publication. Under the court decisions, a general publication may be defined as the act of making one or more copies of a work available to the general public, with out express or implied restrictions as to future use, usually by means of a sale, an offering for sale, or a public distribution. As a rule, the act is one which, if the copies in question did not contain a copyright notice, would imply an abandonment of the right of copyright or a dedication to the public.
III.
Examples of General Publication. The statutory definition of the "date of publication" (17 U.S.C. § 26) indicates that the placing on sale, or public distribution of copies will normally be regarded as publication. In addition, the following acts may constitute publication in appropriate eases:
a.
Sale of a single copy. Sale or offering for sale of a single copy could be publication, depending upon the intent of the copyright proprietor. When the applicant states that only one copy has been sold, registration will be made if the applicant also indicates that he considers this publication.
b.
Leaving copies in a public place for anyone to take.
c.
Indiscriminate gifts of copies.
d.
Leasing or renting of copies. Lease or rental will ordinarily be regarded as publication unless the distribution was to a limited group or for a restricted purpose.
Examples:
(1)
Leasing of copies of a theatrical motion picture to film distributors or exhibitors would be regarded as publication.
