1009.4 (A) Date of Publication
When completing an online application, the applicant will be asked to provide publication information on the Publication / Completion screen. If the applicant determines that the work has been published, the applicant should select “yes” in the drop down menu marked “Has this work been published?” In addition, the applicant should provide the month, day, and year that the work was published for the first time. Specifically, the applicant should provide the date that the work was first distributed or the date that the work was offered to a group of persons for the purpose of further distribution, performance, or display (whichever is earlier). As a general rule, the applicant should only provide a date of first publication for the specific version that will be submitted for registration. The applicant should not provide a date of publication for any other version of the work that will not be submitted to the Office.
If the applicant determines that the work is unpublished, the applicant should select
“no” on the Publication / Completion screen.
When completing a paper application the applicant should provide the date of first publication in space 3 (B) under the heading marked “Date and Nation of Publication of This Particular Work.” If the work has not been published, space 3 (B) should be left blank.
For additional guidance concerning this portion of the application, see Chapter 600, Section 612.