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

[Nancy Prager]

 Section 1908
Examples of performances and displays that do not in themselves constitute publication include the following: .... Performing a play, a pantomime, or a choreographic work in a theater.
Elsewhere they say distributing copies does not necessarily mean something has been published.  
Would love to find something definitive that supports your approach because it is the situation here... lots of people have copies of the play.  
    On Tuesday, June 18, 2024 at 01:43:39 PM EDT, Jessica R. Friedman <jrfriedman at litproplaw.com> wrote:  
 
 
I still think they would be considered to be within the overall organization that is producing the play, even if they literally work for a different company, so I don’t think it would even be a limited publication.
 
  
 
Does the Copyright Compendium have anything to say on this question?
 
  
 
Jessica R. Friedman
 
Attorney at Law
 
300 East 59 Street, Ste. 2406
 
New York, NY 10022
 
Phone: 212-220-0900
 
Cell: 917-647-1884
 
E-mail: jrfriedman at litproplaw.com
 
URL: www.literarypropertylaw.com
 
 
 

 
  
 
  
 
From:Copyright <copyright-bounces at oppedahl-lists.com> on behalf of Nancy Prager via Copyright <copyright at oppedahl-lists.com>
Date: Tuesday, June 18, 2024 at 1:06 PM
To: For copyright practitioners. This is not for laypersons to seek legal advice. <copyright at oppedahl-lists.com>, Elizabeth Russell <beth at erklaw.com>
Cc: Nancy Prager <nancyprager at yahoo.com>
Subject: Re: [Copyright] Publication of a Play for purposes of a copyright application
 
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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