Legal Question in Entertainment Law in Idaho

Definition of Published
The 1976 Copyright Act defines publication as follows: ''Publication'' is the distribution of copies or phonerecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonerecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.

I am completing Form PA to register the copyright to one of my songs. Space 3 requests a date of publication. I'm a little confused on the definition of published. Does the mere distribution of copies of my CD to family members and friends, at no cost, constitute being published?

Asked on 12/07/01, 7:17 pm

Bruce Burdick Burdick Law Firm

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Re: Definition of Published

YES

That definition is from the current act. Transfer without sale is sufficient. Your relatives are part of "the public".

Answered on 12/09/01, 4:28 am

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