3-11
Ch. 3
3·2.1
3·2.1
Part 3.2 DATE OF PUBLICATION
3.2.1
In General.
I.
Definition. The date of publication is defined in the copyright law (11 U.S.C. §26) as the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority.
II.
General Policy with Respect to the Date of Publication.
a.
While the Copyright Office may offer some general guidance concerning the choice of a specific publication date, the final decision is up to the applicant.
b.
The date of publication stated in the application must be complete (month, day, and year), unqualified, ans earlier than the date the application was submitted.
3.2.2
Choice of a date.
I.
Factors to Consider. When the applicant is uncertain to the date he should state, the Copyright Office., outline the following factor to be considered:
a
When the exact date is not known, the best approximate date may be chosen, but it should be stated without qualifying language.
b
Where the application is uncertain as to which of several possible dates to choose, it is generally advisable to choose the earliest date, to avoid duplication of an attempt to lengthen the copyright term.
c.
In the case of books, the affidavit may either state the date of publication or the date of application or printing, while the application must
state the date of publication. Ordinarily, a difference between these dates will not be questioned.