You may want to look at Getaped.com v. Cangemi, 188 F. Supp. 2d 398
(S.D.N.Y 2002) which held that a website was "published" under the
definition in the Copyright Act. The court was looking at the issue of
publication in order to determine whether the plaintiff was eligible for
statutory damages under Section 412. The court based its ruling on the
principle that publication occurs when the public has the ability to "gain
control . . . or a possessory interest" in the work. The court felt that
by accessing the website, a user could not only view but also copy the
website. The court said it is more than a mere display because the creator
loses the ability to control either duplication or further distribution of
the work.
Bill McGrath
At 04:25 PM 11/17/2003 -0500, you wrote:
> . . . . I would appreciate any comments or references to case law on
> publication as it relates to display of works on the web.
>
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