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

[Nancy Prager]

 Great question.  Distributing the copies to the talent and production personnel should count but it would likely be considered a distribution to a limited audience.  A publication is deemed “limited” where “copies of the work are distributed both (1) to a ‘definitely selected group,’ and (2) for a limited purpose, without the right of further reproduction, distribution or sale.” (emphasis added)Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446, 19 U.S.P.Q.2d 1491 (9th Cir. 1991).

§ 7:3. Publication considerations, Copyright Registration Practice § 7:3

    On Tuesday, June 18, 2024 at 12:56:59 PM EDT, Elizabeth Russell <beth at erklaw.com> wrote:  
 
 
What about the distribution of printed scripts to production personnel? The rehearsal hall is at least a semi public place; the personnel are not a social circle; and the distribution is for “the purpose of” public performance.
 
  
 
  
 
Elizabeth T Russell
 
beth at erklaw.com
 
  
 
  
 
  
 
From: Copyright <copyright-bounces at oppedahl-lists.com>On Behalf Of Nancy Prager via Copyright
Sent: Tuesday, June 18, 2024 12:44 PM
To: for Copyright Practitioners <copyright at oppedahl-lists.com>
Cc: Nancy Prager <nancyprager at yahoo.com>
Subject: [Copyright] Publication of a Play for purposes of a copyright application
 
  
 
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Is a play considered unpublished until someone literally publishes the play (most likely through a licensing arrangement)?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I feel like I have dealt with this before and ended up advising the client to file as an unpublished work but that boggles my mind.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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