Re: Wrong year in notice

From: Terry Carroll <carrollt[_at_]netcom.com>
Date: Wed, 25 Oct 1995 00:51:13 -0700 (PDT)

On Mon, 23 Oct 1995, Glenn S. Tenney wrote:
>
> Ok... Now, this is clearly more than a year difference and the original
> had NO notice. Where do things stand in this situation? Was the
> original UK publication in the public domain? Is the new US reprint a
> potential copyright fraud? ????????

I have all my references at the office, but I believe that the "year of first publication" has been interpreted to mean "year of first publication in the United States." That means that the UK-published work would not amount to a publication as far as US copyright law is concerned. I think, then, that a correct notice would include the date of first publication in the US, not the UK.

Also, keep in mind that "publication" is a term of art; it refers to a widespread distribution of copies to the public, not necessarily what would ordinarily be meant by a publisher. So printing the book in England and importing large quantities of copies into the U.S. would be a publication within the U.S.

--
Terry Carroll       |            Go Cleveland Indians:
Santa Clara, CA     |         American League Champions &
carrollt[_at_]netcom.com |      Best Finishing Record in 1995 MLB
carroll[_at_]aimnet.com  |                   100-44
Received on Wed Oct 25 1995 - 07:57:59 GMT

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