[Copyright] Publication of a Play for purposes of a copyright application

[Gordon Firemark]

Hi Nancy,

My understanding is that your interpretation is correct.  No case or statutory law to back that up, other than the "I have a Dream” case addressing performance vs publication.


____________________________________
Gordon Firemark
Attorney at Law
Firemark Entertainment Law 
10940 Wilshire Blvd. Fl. 16 | Los Angeles, CA 90024
 www.firemark.com | gfiremark at firemark.com | (310)421-9970

____________________________________

> On Jun 18, 2024, at 9:44 AM, Nancy Prager via Copyright <copyright at oppedahl-lists.com> wrote:
> 
> Dear colleagues....
> 
> A client has a play in production.  The iniital performance date is not the date of publication since public performance is not considered publication.  So what is?  
> 
> Is a play considered unpublished until someone literally publishes the play (most likely through a licensing arrangement)? 
> 
> If not, what is considered publication of a play?
> 
> I feel like I have dealt with this before and ended up advising the client to file as an unpublished work but that boggles my mind. 
> 
> Thanks in advance!
> 
> best,
> 
> Nancy  
> -- 
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