Re: Copyrighting

On 7/29/97, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> On Mon, 28 Jul 1997, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
> >
> > (to my surprise) the Copyright Office does not regard web sites
> > as "published works."
>
> That's consistent with the definition of "publication." The gist of
> publication is distribution of copies, and specifically excludes mere
> public display or public performance.
>

Does this mean that the copyright office thinks sending material out over the Web to surfers who request it does not constitute a "distribution" in addition to a public display? If so, what is their authority for this opinion? The NII White Paper disagrees, and for once I am inclined to agree with Bruce Lehman.

Mark Lemley
Assistant Professor, University of Texas School of Law Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu

You can find a list of my articles and books, and information on how to obtain them, at http://www.law.utexas.edu/lemley/pubs.htm

For information on the Intellectual Property program at UT, see http://www.utexas.edu/law/acadaff/intelprop/ Received on Wed Jul 30 1997 - 15:49:10 GMT