Page:Compendium of US Copyright Office Practices (1973).pdf/128

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Ch. 3
3.1.3
3-10
3.1.3
Public disclosure by means other than distribution of copies.(Cont'd)
III.
Exhibtion of Motion Pictures.(cont'd)
b.
Publication will be questioned where the words "exhibited," "shown," "televised," etc ,have been added in the publication line of an application covering a motion picture.
IV.
Distribution of Phonorecords.
a.
A phonorecord, such as a disc, tape, or other similar reproduction of a sound recording, is not regarded as a "copy" of the musical compo­sition, dramatic composition, or literary work recorded on it, and is not acceptable as a deposit copy for copyright registration of the musical composition or the literary or dramatic work. Therefore, the act of distributing phonorecords does not constitute such publica­tion as will invest a statutory copyright, except for registration as a sound recording in Class N.
b.
For the purposes of securing statutory copyright and registration for a sound recording, phono­records are regarded as "copies" thereof, and discs, tapes, cassettes, cartridges, and other similar reproductions of sound recordings will be accepted as deposit copies in Class N.
c.
Distribution of phonorecords may constitute either investitive or divestitive publication of a sound recording, and the rules stated in sections 3.1.1 and 3.1.2 above are applicable.
[1973]