Page:Compendium of US Copyright Office Practices (1973).pdf/134

Part 3.3 EVIDENCE OF PUBLICATION

3.3.1

Factors raising questions as to publication.

I.

General Practice. In general, the presence of a date of publication in the application will be accepted as indicating that publication has taken place, unless the deposit copies, or infor­mation furnished by the applicant, raise questions as to whether publication actual1y has taken place.

II.

Appearance of Copies.

a.

Material submitted as published in Classes A and E will not generally be questioned on the single ground that copies are hand­ made or in preliminary form (e. g., photo­stats, mimeographed copies, etc.). Such material may be questioned when the copies contain deletions or insertions, when the deposit copies are not identical, or when the copies appear incomplete.

b.

Material submitted as published is other classes may be questioned if the copies are handmade or are in preliminary form, unless the nature of the work would make publica­tion in that form a normal occurence.

Examples:

(1)

Artist's handmade drawing of a commerical label will be questioned.

(2)

Mimeographed copies of a play would normally not be questioned.

c.

Where the notice on a work has been added by hand, the action to be taken depends upon the nature of the work and other available information.

1.

If the handmade notice is consistent with the nature of the copies, and there is no other reason to question publication, reg­istration is made without correspondence.