Legal Question in Intellectual Property in Georgia

Masonic Copyrights

Would you happen to know if, when filing a copyright, a book written for Masonic lodges (i.e., distibuted to members only, returnable upon demand or demittance) is considered published or unpublished? Your help is GREATLY appreciated!!


Asked on 7/19/00, 3:23 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Masonic Copyrights

The timing of the distribution is probably important. If all such distribution occurred after January 1, 1978, the issue of publication is of lesser significance than if the work was distributed prior to that time. In either case, there was probably at least limited publication, as opposed to general publication. In order to determine whether or not the publication was limited or general, you need to consider the restrictions placed on those members of the lodges who received copies of the work. If the work was distributed just to members and not to the general public, and those members were restricted from copying or distrubuting the work, there is probably only limited publication, which would give common law statutory rights, even if distributed prior to 1978.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. I recommend that you speak with an attorney of your choosing before taking legal action.

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Answered on 9/13/00, 8:44 am


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