Re: Distribution, Publication, and Material Objects

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Tue, 06 Oct 1998 07:54:26 -0700

On 10/5/98, Shelly Warwick <swarwick[_at_]sprynet.com> wrote:
>
> I think the issue of whether "publication" is satisfied by
> sending a single copy via e-mail or snail mail is answered not by
> whether the statute calls for plurality, but by the the term "to
> the public". It is hard to consider a letter sent to one person
> as satisfying that requirement. However, if a book is published,
> but only one person buys a copy, the intent to release to the
> public seems clearly satisfied.

Let's say I write a novel. I then want to sell it. I sell only one copy. Have I published the novel?

Or let's go back to the example of the e-mail. What if I send one e-mail to a close friend? Or what if I send one e-mail to a stranger? Is there a difference?

Public is not defined in section 101, and I think arguments could be made for whether only one copy is required, or multiple copies, or the circumstances of the transfer of the copy or copies matters.

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Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

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Received on Tue Oct 06 1998 - 14:52:43 GMT