Ch. 3
3.1.3
3.1.3
3-8
3.1.3
Public disclosure by means other than distribution of copies.(cont'd)
I.
Performance or Rendition.(cont'd)
b.
Broadcasts and telecasts are not considered publication, regardless of the size of their audience.
c.
Publication will be questioned where words such as "performed," "televised," "broadcast," etc., have been added to the publication line of the application.
II.
Exhibition of an Artistic or Graphic Work.
a.
Where an artistic or graphic work (i.e., a work registrable in Classes F-K) is placed on public exhibition with no restrictions against copying, an application that alleges publication will be accepted.
Examples:
(1)
A photograph exhibited at a White House Press Photographers' show at the Library of Congress, where neither the Library nor the Association places any restrictions against taking photographs of the exhibits.
(2)
A cemetery memorial erected in a public cemetery where there are no restrictions against copying the monuments.
(3)
A work of art exhibited at a public gallery where there are no posted by-laws or other notification against copying, and where there is no tacit understanding that copying is forbidden.
b.
Where the exhibition of an artistic or graphic work is not open to the public, or where restrictions on copying have been imposed, general ,publication is not deemed to have occurred.
