Re: Copyrighting

On Wed, 30 Jul 1997, Jon Bing <jon.bing[_at_]jus.uio.no> wrote:
>
> On 29.07.97, 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.
>
> It is not consistent with the understading of 'publication' that is
> common to most European jurisdiction. A text book case is the score to
> a symphony. This is generally only of interest to a few orchestras in
> a country, with the different voices written out, etc. The publication
> conventionally takes the form of the publisher making the relevant
> orchestras aware that a copy is locked away into the strong box of
> his (or her) office. This is traditionally taken to be an act of
> publication, though no copying takes place, and the score will be
> rented out to an interested orchestra (not repdoruced).

Based on your description, I believe it is consistent. The public performance is not a distribution, but distributing the score to the orchestra is. For that matter, so is offering to distribute the score.

The key is, however, that there has to be either distribution itself, or the offer to make such distribution for the purpose of public performance or display. Mere public performance or display alone, however, is not itself publication.

--
Terry Carroll       | "Mars ain't the kind of place to raise your kids.
Santa Clara, CA     | In fact, it's cold as hell."  - Bernie Taupin, 1972
carroll[_at_]tjc.com     | "Air temperatures ... show an afternoon high near +9
Modell delenda est  | degrees Fahrenheit." - Mars Pathfinder Mission, 1997