Legal Definitions - publication

In legal terms, publication refers to the act of making a work available to the public. More specifically, especially in the context of copyright law, it means distributing copies or recordings of a work to the public through sale, rental, lease, lending, or any other transfer of ownership. It also includes offering to distribute such copies or recordings to a group of people for purposes of further distribution, public performance, or public display.

It's important to note that simply performing a work publicly (like a concert) or displaying it publicly (like an art exhibit) does not, by itself, constitute publication. Generally, publication occurs on the date when copies of the work are first made accessible to the public.

Here are some examples to illustrate the concept of publication:

• A Novelist's Book Release:

  Imagine a novelist who completes their latest manuscript. Their publisher then prints thousands of physical copies of the book and ships them to bookstores globally, making them available for purchase by the general public on a specific release date.

  This is an act of publication because the publisher is distributing physical copies of the literary work (the novel) to the public through sale. The moment these books become available for anyone to buy, the work is considered published.

• A Software Company Launching a New Application:

  Consider a technology company that develops a new mobile application. They make the app available for download through various app stores, allowing users worldwide to purchase or subscribe to use the software on their devices.

  This constitutes publication because the company is distributing digital copies of the software (the work) to the public by offering licenses for download and use. Even though it's not a physical item, the act of making the application accessible for users to acquire and install counts as distribution.

• An Independent Filmmaker Releasing a Documentary:

  An independent filmmaker finishes a documentary and decides to make it available for rent or purchase on various video-on-demand platforms, as well as selling DVD copies directly from their website.

  This is publication because the filmmaker is distributing copies of their audiovisual work (the documentary) to the public through sale (DVDs, digital purchases) and other transfers of ownership (digital rentals). By making the film accessible for acquisition and viewing by the general public, they have published their work.