Re: Date of First Publication

From: Stephen Fishman <sfish55[_at_]yahoo.com>
Date: Wed, 7 Apr 1999 12:58:40 -0700 (PDT)

On Tue, 6 Apr 1999, Paul Sleven <psleven[_at_]cybernex.net> wrote:
>
> Under the 1909 Act, is "first publication" for determining
> copyright duration measured from first publication in the US or
> anywhere in the world? I had always understood it to be anywhere
> in the world, but recall seeing some discussion in the past year
> or two of an argument -- I believe involving a James Joyce work
> -- that first publication meant first publication in the US.
> Does anyone remember that?

The 9th Circuit has held that a publication outside the U.S. counts as a first publication for U.S. copyright duration purposes only if the work contained a copyright notice. This case involved publication of the book Bambi in Germany.

Stephen Fishman
<sfish55[_at_]yahoo.com>

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