Legal Definitions - Published work

In copyright law, a published work refers to a creative work where copies or phonorecords (audio recordings) have been made available to the public. This means the creator or copyright holder has distributed the work broadly, typically through methods like selling, renting, leasing, or otherwise transferring ownership of the work's copies to the general public. The crucial aspect is the widespread dissemination of the work, making it accessible beyond a private circle.

The distinction between a published and an unpublished work is significant in copyright law, as it can influence the duration and specific rules of copyright protection.

Here are some examples to illustrate what constitutes a published work:

• A Photography Book Sold in Retail Stores:

  Imagine a photographer compiles their best landscape images into a book, which is then printed by a publisher and distributed to bookstores and online retailers for purchase by anyone. This photography book is considered a published work because physical copies are offered for sale and transferred to the public, directly aligning with the definition of distribution by "sale or other transfer of ownership."

• A Music Album Released on Digital Platforms:

  Consider a musician who records an album and makes it available for streaming and digital download on platforms like Spotify, Apple Music, or Amazon Music. This album is a published work. Even without physical CDs, the digital files (phonorecords) are made accessible to the public through "rental" (streaming subscriptions) or "sale" (digital downloads), allowing widespread public access to the musical compositions and sound recordings.

• An Online Course Available for Enrollment:

  Suppose an educator develops a comprehensive online course, including video lectures, written materials, and exercises, and makes it available for enrollment to anyone who pays a fee on an educational platform. This online course, including its various components, is a published work. The digital copies of the course content are distributed to the public through a form of "sale" or "lease" (access for a fee), making the educational material widely available to interested learners.