Delivery for further distribution = publication

If photographs are delivered by a photographer to a commercial client such as an advertising agency, does that delivery to the client necessarily constitute "publication" under title 17, even where the client then substantially edits the work or incorporates the work in a derivative work prior to further distribution? Or does the delivery itself only constitute publication when the work is later distributed by the client in substantially similar (unedited) form? And what if the client selects only one image out of a large group of images delivered? Does mere delivery constitute publication of all of the works delivered, even where only one is ever reproduced or distributed?  

Thanks in advance  

Jeff S_e_d_l_i_k     Received on Thu May 20 2004 - 00:00:48 GMT