Copyright Compendium

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Chapter 2200
Chapter 2300
Chapter 2400

1906.3 The Copies or Phonorecords Must Be in Existence

1906.3 The Copies or Phonorecords Must Be in Existence


The statutory definition indicates that offering to distribute copies or phonorecords constitutes publication, provided that the copies or phonorecords exist when the offer is made. Offering to distribute copies or phonorecords before they exist or before they are ready for further distribution, public performance, or public display does not constitute publication.


Examples:


• Offering a new line of toys to a group of retailers constitutes publication, provided that the toys are available for distribution when the offer is made.


• Offering prints of a motion picture to a group of theater owners constitutes publication, provided that the prints are available for public performance when the offer is made.


• Offering a cartoon to a group of syndicators constitutes publication, provided that the work is available for distribution when the offer is made.


• Offering to distribute a motion picture that is currently in production does not constitute publication.


• Offering to distribute a sound recording that has not been fixed in its final form does not constitute publication.

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