3-17
Ch. 3
3.3.1
3.3.1
3.3.1
Factors raising questions as to publication.(cont'd)
II.
Appearance of Copies.(cont'd)
c.
(cont'd)
2.
In certain cases the rough or tentative nature of the notice may furnish a reason to question whether the work has actually been published.
3.
In appropriate cases the nature of the notice may prompt a search of the correspondence records to determine whether the claim had previously been rejected for publication without statutory notice.
d.
The fact that the copies bear a statement indicating that their distribution has been restricted or limited in some way will not generally be
sufficient cause to question publication.
Examples:
(1)
"Confidential--these specifications are for subscribers' use only"
(2)
"Not for general distribution"
(3)
"For professional use only"
e.
Where the copy of a work submitted for registration in unpublished form bears the prescribed notice and is printed or otherwise susceptible of publication, registration will generally be defer red and the applicant informed of the necessity for making a new registration after publication. If the applicant, after being informed, still desires an unpublished registration, it will not be refused. (See item 3.2.3.1, above.)
f.
Where an application is submitted for a pictorial or graphic work, whether as unpublished or published, and the transmittal letter accompanying the application bears the same work, without notice. as part of the letterhead design, publication with notice will be questioned.
